Burwood Planning Scheme · PDF fileBURWOOD PLANNING SCHEME ... place used as an office or for other business or commercial ... the building under the Factories, Shops and Industries

B U R W O O D P L A N N I N G S C H E M E O R D I N A N C E

Suite 1, Level 2, 1-17 Elsie Street, BURWOOD NSW 2134 PO Box 240, BURWOOD NSW 1805

Phone: 9911-9911 - Fax: 9911-9900 Email: [email protected]

Website: www.burwood.nsw.gov.au

Amended 01.05.2012

Directory: S:\Policies - Corporate Guidelines - Corporate Procedures\Burwood Planning Scheme Ordinance\Planning Scheme Ordinance_updated 01.05.12.doc

Ownership: Strategic Planning

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NEW SOUTH WALES

ORDINANCE

LOCAL GOVERNMENT ACT 1919

(Published in Government Gazette No. 49 of 6th April, 1979)

PROCLAMATION (L.S.) A R CUTLER, Governor. 28th March, 1979 THE Burwood Planning Scheme Ordinance as set out in the Schedule hereto is hereby proclaimed. (33 L1/5) Sydney, 6th April, 1979.

By His Excellency's Command, PAUL LANDA,

Minister for Planning and Environment

GOD SAVE THE QUEEN!

Schedule

TOWN AND COUNTRY PLANNING - BURWOOD PLANNING SCHEME ORDINANCE.

Local Government Act, 1919: Part XIIA

PART I

Preliminary. Citation 1. This Ordinance may be cited as the “Burwood Planning Scheme Ordinance”. Scheme 2. The planning scheme prepared by the Council in respect of all land within the Municipality of Burwood is

embodied in this Ordinance. Relationship to other environmental planning instruments 2A. This plan excludes the application of clauses 9 and 10 of State Environmental Planning Policy No. 4 -

Development Without Consent to the carrying out of certain development in conservation areas. LEP 19 – Gazetted 21.7.89

Arrangement 3. This Ordinance is divided as follows:-

PART I - Preliminary - cll. 1-6 PART II - Reservation and Restriction on Use of Land - cll. 7-21. PART III - General Restrictions on Development and Use of Land - cll. 22-24 PART IV - Existing Buildings, Existing Works and Existing Uses of Land cll. 25-30 PART V - Consents - cll. 31-41 PART VI - General Amenity and Convenience - cll. 42,43 PART VII - Special Provisions - cll. 44-79 PART VIII - General – cll. 80-90 SCHEDULES.

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Interpretation 4. (1) In this Ordinance, except in so far as the context or subject-matter otherwise indicates or

requires–

“advertising structure” has the meaning ascribed to it in Ordinance No. 55 under the Act, but it does not include “temporary advertising structure” or “advertising structure for the purpose only of displaying commercial sign,” within the meaning of that Ordinance;

“airline terminal” means a building or place used for the assembly of passengers and goods prior to the transport of those passengers and goods either to or from an airport or an aerodrome;

“appointed day” means the day upon which this Ordinance takes effect;

“boarding-house” includes a house let in lodgings or a hostel but does not include a motel;

“bulk store” means a building or place used for the bulk storage of goods, where the goods stored or to be stored are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership;

“bus depot” means a building or place used for the servicing, repair or garaging of buses and other vehicles used for the purposes of bus transport undertaking;

“bus station” means a building or place used as a terminal for the assembly or dispersal of passengers travelling by bus;

“car repair station” means a building or place used for the purpose of carrying out repairs to motor vehicles or agricultural machinery, not being repairs comprising - (a) body building;

(b) panel beating which involves dismantling; or (c) spray painting other than of a touching-up character;

“child care centre” means a building or place used as a child care centre within the meaning of Part VII of the Child Welfare Act, 1939;

“club” means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purpose whether of the same or of a different kind and whether or not the whole or a part of the building is the premises of a club registered under the Registered Clubs Act, 1976;

“commercial premises” means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this clause or a building or place used either for a purpose elsewhere specifically defined in this clause or for a roadside stall;

“commercial sign” means an advertisement (whether illuminated or not) which-

(a) does not exceed 0.8 square metres in area; and (b) in respect of any place or premises to which it is affixed, contains only -

(i) a reference to the identification or description of the place or premises; (ii) a reference to the identification or description of any person residing in or

carrying on any occupation at the place or premises; (iii) particulars of any occupation carried on at the place or premises; (iv) such directions as are usual or necessary relating to the place or premises or

any occupation carried on thereat; (v) particulars or notifications required or permitted to be displayed by or under any

Act or any Act of the Parliament of the Commonwealth; (vi) particulars relating to the goods, or services dealt with or provided; or (vii) particulars of any activities held or to be held at the place or premises;

“Commission” means the New South Wales Planning and Environment Commission constituted under the New South Wales Planning and Environment Commission Act, 1974; “community land” has the same meaning as in the Local Government Act 1993; LEP 69 – Gazetted 10.11.06

“Council” means the Council of the Municipality of Burwood;

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“county road” means -

(a) any existing road shown on the scheme map by a continuous red line on white between firm black lines; or

(b) any land shown on the scheme map by a broken red band between either firm black lines and a broken black line, or broken black lines;

“designated frontage”, in relation to land, means the frontage of that land to -

(a) a main or county road; or (b) a road connecting with a main or county road, if the whole or any part of the frontage of

the land is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the main or county road;

“development” has the meaning ascribed to it in section 342T of the Act;

“drive-in convenience food store” means a building or place used for the retail sale of food, groceries or household goods and equipment with facilities for the sale of petrol and similar goods; LEP 13 – Gazetted 27.3.87

“dual occupancy development” means development that results in 2 dwellings (whether attached or detached) on a single allotment of land. LEP 56 – Gazetted 17.5.02

“dwelling” means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile;

“dwelling-house” means a building or group of buildings containing 1 but not more than 1 dwelling;

“educational establishment” means a building used as a school, college, technical college, academy, lecture hall, gallery or museum but does not include a building used wholly or principally as an institution or child care centre;

“extractive industry” means an industry or undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land upon which it carried on;

“extractive material” means sand, gravel, clay, turf, soil, rock, stone or similar substances;

“floor space” includes all wall thicknesses, vents, ducts, staircases and lift wells, but does not include -

(a) any parking space in the building provided to meet the standards required by the responsible authority (but not parking space provided in excess of those standards) or any internal access to the parking space;

(b) space used for the loading or unloading of goods; (c) lift towers, cooling towers, machinery and plant rooms and any storage space related

thereto; and (d) any shopping mall area available to the public and not generally used for commercial,

advertising or entertainment purposes;

“generating works” means a building or place used for the purpose of making or generating gas, electricity or other forms of energy;

“health care professional” means a person who renders professional health services to members of the public, and includes -

(a) a chiropodist registered under the Chiropodists Registration Act, 1962; (b) a chiropractor or an osteopath or a chiropractor and an osteopath registered under the

Chiropractic Act, 1978; (c) a physiotherapist registered under the Physiotherapists Registration Act, 1945; and (d) an optometrist registered under the Optometrists Act 1930;

LEP 9 – Gazetted 4.5.84

“height”, in relation to a building, means the vertical distance between the natural ground level at any given point and the topmost point of the building immediately above that point;

“home industry” means an industry carried on in a building, other than a dwelling-house or dwelling in a residential flat building, under the following circumstances:-

(a) the floor space of the building does not exceed 30 square metres and the building is erected within the curtilage of a dwelling-house or dwelling in a residential flat building occupied by the person carrying on the industry or on adjoining land owned by that person; and

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(b) the industry does not - (i) interfere with the amenity of the locality by reason of the emission of noise,

vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise;

(ii) involve exposure to view from any adjacent premises, or from any public place, of any unsightly matter; or

(iii) require the provision of any essential service main of a greater capacity than that available in the locality;

“home occupation” means an occupation carried on in a dwelling-house, or a dwelling in a residential flat building, by the permanent residents of the dwelling-house or dwelling, which does not involve -

(a) the registration of the building under the Factories, Shops and Industries Act, 1962; (b) the employment of persons other than those residents; (c) interference with the amenity of the locality by reason of the emission of noise, vibration,

smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise;

(d) the display of goods, whether in a window or otherwise; (e) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or

sign not exceeding 0.3 square metres in area exhibited on the dwelling-house or dwelling to indicate the name and occupation of the resident); or

(f) the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail;

“hospital” means a building or place used as a -

(a) hospital; (b) sanatorium; (c) health centre; (d) nursing home; or (e) home for aged person, infirm persons, incurable persons or convalescent persons,

whether public or private, and includes a shop or dispensary used in conjunction therewith, but does not include an institution;

“hotel” means any premises specified in a publican's licence issued under the Liquor Act, 1912;

“industry” means -

(a) any manufacturing process within the meaning of the Factories, Shops and Industries Act, 1962;

(b) the breaking up or dismantling of any goods or any article for trade or sale or gain or an ancillary to any business; or

(c) the winning of extractive material;

“institution” means - (a) a building used wholly or principally as a home or other establishment for mental defectives; (b) a mental hospital; or (c) a penal or reformative establishment;

“junk yards” means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods, or used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of parts thereof;

“liquid fuel depot” means a depot or place used for the bulk storage of wholesale distribution of petrol, oil, petroleum or other inflammable liquid;

“main road” means a main road within the meaning of the Main Roads Act, 1924;

“mine” means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef whereon, wherein or whereby any operation is carried on for or in connection with the purpose of obtaining any metal or mineral by any mode or method, or any place adjoining any metal or mineral by any mode or method, or any place adjoining on which any product of the mine is stacked, stored, crushed or otherwise treated, but does not include a quarry;

“mixed development” means a dwelling, dwelling-house or residential flat building attached to or on the same parcel of land as a building used or intended to be used for the purpose of a shop or commercial premises, or of any other use permitted by the zoning of the land, whether or not the dwelling, dwelling-house or residential flat building will be used in conjunction with any shop, commercial premises or other permitted use on the same land; LEP 24 – Gazetted 30.7.93

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“motel” means a building or buildings (other than a hotel, boarding house or residential flat building), substantially used for the over-night accommodation of travellers and the vehicles used by them whether or not the building or buildings are also used in the provision of meals to those travellers or the general public;

“motor, caravan or boat showroom” means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed therein or thereon;

“offensive or hazardous industry” means an industry which, by reason or the processes involved or the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings; “operational land” has the same meaning as in the Local Government Act 1993; LEP 69 – Gazetted 10.11.06

“parking space” includes any garage or court available for use by vehicles;

“place of assembly” means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other building of a like character used for any of those purposes and whether used for the purposes of gain or not, but does not include a place of public worship, an institution or an educational establishment;

“place of public worship” means a church, chapel or other place of public worship or religious instruction or a place used for the purpose of religious training;

“professional consulting rooms” means a room or a number of rooms forming either the whole or part of, attached to or within the curtilage of, a dwelling-house and used or intended for use by not more than one legally qualified medical practitioner or by not more than one dentist within the meaning of the Dentists Act, 1934, or by not more than one health care professional, who practises therein the profession of medicine, dentistry or health care respectively as a sole practitioner or in partnership with not more than one other practitioner practising the same profession and who resides permanently on the premises or whose partner so resides and who employs or whose partner employs not more than one employee in connection with that practice; LEP 9 – Gazetted 4.5.84

“public building” means a building used as offices or for administrative or other like purposes by the Crown, a council or an organisation established for public purposes; “public land” has the same meaning as in the Local Government Act 1993; Note. The term is defined as follows: “public land” means any land (including a public reserve) vested in or under the control of the council, but does not include:

(a) a public road, or (b) land to which the Crown Lands Act 1989 applies, or (c) a common, or (d) land subject to the Trustees of Schools of Arts Enabling Act 1902, or (e) a regional park under the National Parks and Wildlife Act 1974.


“public utility undertaking” means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any Government Department or under the authority of or in pursuance of any Commonwealth or State Act:-

(a) railway, road transport, water transport, air transport, wharf, harbour or river undertakings;

(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,

and a reference to a person carrying on a public utility undertaking shall be construed as including a reference to a council, county council, Government Department, corporation, firm or authority carrying on the undertaking;

“refreshment room” means a restaurant, cafe, tea room, eating-house or the like;

“remediation of land” has the same meaning as has a reference in Part 5 of the Environmentally Hazardous Chemicals Act 1985 to the taking of prescribed remedial action in respect of premises. Greater Metropolitan REP No 1

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“residential flat building” means 1 or more buildings on a single allotment of land each of which contains 2 or more dwellings;

“road transport terminal” means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles;

“roadside stall” means a building or place not exceeding 20 square metres in floor space or area respectively where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail;

“sawmill” means a mill handling, cutting or processing timber from logs or baulks;

“scheme” means the Burwood Planning Scheme embodied in this Ordinance; LEP 14 – Gazetted 19.12.86

“scheme map” means the map bound in a book the title sheet of which is marked “Burwood Planning Scheme” signed by the Minister for Planning & Environment and deposited in the office of the Council, as amended by the maps deposited in the office of the Council and marked as follows:

Burwood Local Environmental Plan No. 2 Burwood Local Environmental Plan No. 3 Burwood Local Environmental Plan No. 5 Burwood Local Environmental Plan No. 6 Burwood Local Environmental Plan No. 7 Burwood Local Environmental Plan No. 11 Burwood Local Environmental Plan No. 12 Burwood Local Environmental Plan No. 14 Burwood Local Environmental Plan No. 15 Burwood Local Environmental Plan No. 17 Burwood Local Environmental Plan No. 18 Burwood Local Environmental Plan No. 19 Burwood Local Environmental Plan No. 21 Burwood Local Environmental Plan No. 23 Burwood Local Environmental Plan No. 25 Burwood Local Environmental Plan No. 27 Burwood Local Environmental Plan No. 37 Burwood Local Environmental Plan No. 41 Burwood Local Environmental Plan No. 42 Burwood Local Environmental Plan No. 44 Burwood Local Environmental Plan No. 45 Burwood Local Environmental plan No. 48 Burwood Local Environmental Plan No. 49 Burwood Local Environmental Plan No. 50 Burwood Local Environmental Plan No. 52 Burwood Local Environmental Plan No. 53 Burwood Local Environmental Plan No. 55 Burwood Local Environmental Plan No. 59 Burwood Local Environmental Plan No. 62 Burwood Local Environmental Plan No. 69 Burwood Local Environmental Plan No. 70 Burwood Local Environmental Plan No. 71

“service station” means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oils and other petroleum products whether or not the building or place is also used for any 1 or more of the following purposes:-

(f) the sale by retail of spare parts and accessories for motor vehicles; (g) the washing and greasing of motor vehicles; (h) the installation of accessories; or (i) the repairing and servicing of motor vehicles involving the use of hand tools (other than

the repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting or suspension, transmission or chassis restoration);

“shop” means a building or place used for the purpose of selling, exposing or offering for sale by retail goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this clause, a building or place used for a purpose elsewhere specifically defined in this clause or a roadside stall;

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“site” means the area of land to which an application for consent under this Ordinance relates;

“statutory authority” includes a statutory body, a Government Department, the Police Department Traffic Branch, the Totalizator Agency Board and the Traffic Authority of New South Wales;

“stock and sale yards” means a building or place used for the purpose of offering animals for sale and includes a public cattle market;

“storey” means any floor used or capable of being used as a dwelling or commercial premises other than:

(a) a floor used principally for storage, or (b) a floor used wholly or partly for parking substantially below natural ground level.


“tavern” means any premises specified in a publican's license endorsed as a tavern under the Liquor Act, 1912, and issued under that Act;

“the Act” means the Local Government Act, 1919;

“transport terminal” means a building or place used as an airline terminal, a road transport terminal, a bus station or a bus depot;

“units for aged persons” means a residential flat building used to house aged persons as defined in the Aged or Disabled Persons Homes Act 1954, as amended, of the Parliament of the Commonwealth, erected or to be erected by an eligible organisation as defined in that Act, the Housing Commission of New South Wales or any other Department or instrumentality of the Crown;

“utility installation” means a building or work used by a public utility undertaking but does not include a building designed wholly or principally as administrative or business premises or as a showroom;

“warehouse” means a building or place used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade;

“zone” means land referred to in Column I of the Table to clause 24 and shown on the scheme map by distinctive colouring or edging or in some distinctive manner as referred to in that Column for the purpose of indicating the restrictions imposed by Parts III, V, VII and VIII on development.

(2) A reference in this clause to a building or a place used for a purpose includes a building or place

intended to be used for the purpose. (3) The letters “WS&D” on the scheme map means “Metropolitan Water Sewerage and Drainage

Board purposes”. Notes 4A Notes in this Ordinance are provided for guidance and do not form part of this Ordinance. Land to which this Ordinance relates 5. This Ordinance applies to all land within the Municipality of Burwood as shown on the scheme map, with

boundaries as indicated on that map. Responsible Authorities 6. (1) The Commission shall be the responsible authority and shall be charged with the functions of

carrying into effect and enforcing the provisions of this Ordinance relating to – Greater Metropolitan REP No. 1 – 26.6.92

(a) the acquisition and transfer of land reserved under Division 2 or 3 of Part II for county

open space, new county roads and widening of existing county roads;

(b) the relocation or alteration of the route of any county road indicated on the scheme map;

(c) controlled access roads; and

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(d) any matters in respect of which the Commission is expressly charged with any power, authority, duty or function.

(2) The Council shall, subject to this Ordinance, be the responsible authority and shall be charged

with the functions of carrying into effect and enforcing the provisions of this Ordinance relating to any power, authority, duty or function other than those specified in subclause (1).

(3) In respect of land shown in a distinctive manner on Sheet 2 of the map marked “Greater Sydney

Regional Environmental Plan No 1 – Redevelopment of Urban Land (Amendment No. 1)” deposited in the office of the Department, a reference to the Council or to the responsible authority is taken to be a reference to the Minister.

Greater Metropolitan REP No. 1

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PART II

Reservation and Restriction on Use of Land

Division 1 Interpretation 7. In this Part, except in so far as the context or subject matter otherwise indicates or requires -

“built-up land” means all land other than vacant land;

“vacant land” means land upon which, immediately before the appointed day, there were no buildings or upon which the only buildings were fences, green-houses, conservatories, garages, summer-houses, private boathouses, fuel sheds, tool-houses, cycle sheds, aviaries, milking bails, haysheds, stables, fowl-houses, pig sties, barns or the like.

Division 2 Reservation of land 8. The several pieces of land specified in Column 1 of the Table to this clause are reserved for the purposes

set out opposite thereto in Column 2 of that Table.

TABLE

Column 1 Column 2

Indication on scheme map of land reserved Purpose for which land is reserved

All land coloured light green with red edging with the letter “C” superimposed in red thereon.

All land coloured light green.

All land coloured yellow with green edging with red lettering superimposed thereon.

All land coloured grey between a firm black line and a broken black line, and all land coloured grey between broken black lines.

County open space.

Open space - Recreation.

Special use - the particular purpose shown by red lettering on the scheme map.

Widening of existing local roads, and proposed local roads respectively.

Erection of buildings on land reserved 9. (1) Except as provided in subclause (2), a person shall not, on land reserved under this Division,

erect a building or carry out or alter a work of a permanent character or make or alter a permanent excavation other than a building or a permanent work or a permanent excavation required for or incidental to the purpose for which the land is so reserved and a person shall not spoil or waste land so as to render it unfit for the purpose for which it is reserved.

(2) Where it appears to the responsible authority that the purpose for which land is reserved under

this Division cannot be carried into effect within a reasonable time after the appointed day, the owner of that land may, with the consent of the responsible authority, erect a building or carry out or alter a work of a permanent character or make or alter a permanent excavation.

(3) A consent granted under this clause shall be subject to such conditions (including conditions with

respect to the removal or alteration of the building, work or excavation, or any such alteration of a work or excavation, or the reinstatement of the land or the removal of any waste material or refuse, with or without payment of compensation) as the responsible authority thinks fit.

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(4) A consent shall not be granted under this clause in relation to land reserved for special uses

(other than special uses - parking), except with the concurrence of the statutory authority concerned.

(5) Nothing in this clause shall operate to prohibit the erection of a fence on any land reserved under

this Division or the erection or construction, with the consent of the responsible authority of any essential utility installation.

Local road widening reservations 9A (1) This clause applies to land consisting of a site partly reserved for the purpose of widening existing

local roads with the remainder of the site within Zone No 2 (a), 2 (b1), 2 (b2), 2 (c1) or 2 (c2). (2) The Council may consent to the carrying out of development on land to which this clause applies

for any purpose for which development may be carried out either with or without development consent in the residential zone affecting part of the site.

(3) This clause has effect despite clause 9 but does not apply to land fronting Marmaduke Street,

George Street west of Marmaduke Street, or Deane Street west of Marmaduke Street, Burwood. LEP 35 – Gazetted 12.4.02

Division 3 Application of Division 10. This Division applies only to vacant land. Reservation of land 11. All land shown on the scheme map by -

(a) a broken red band between a firm black line and a broken black line; or

(b) a broken red band between broken black lines,

is reserved for the purpose of new county roads or the widening of existing county roads. Erection of buildings on land reserved 12. (1) Except as provided in subclause (2), a person shall not, on land reserved under this Division,

erect a building or carry out or alter a work of a permanent character or make or alter a permanent excavation other than a building or a permanent work or a permanent excavation required for or incidental to the purpose for which the land is so reserved and a person shall not spoil or waste land so as to render it unfit for the purpose for which it is reserved.

(2) Where it appears to the responsible authority that the purpose for which land is reserved under

this Division cannot be carried into effect within a reasonable time after the appointed day, the owner of that land may, with the consent of the responsible authority and of the Commissioner for Main Roads, erect a building or carry out or alter a work of a permanent character or make or alter a permanent excavation.

(3) A consent granted under this clause shall be subject to such conditions (including conditions with

respect to the removal or alteration of the building, work or excavation of any such alteration of a work or excavation or the reinstatement of the land or the removal of any waste material or refuse, with or without payment of compensation) as the responsible authority thinks fit and to such conditions as the Commissioner for Main Roads requires to be imposed.

Division 4 Application of Division 13. This Division applies only to built-up land shown on the scheme map by-

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(a) a broken red band between a firm black line and a broken black line; or

(b) a broken red band between broken black lines. Restrictions on use of land 14. (1) Land shall not be used without the consent of the responsible authority for any purpose other

than the purpose for which the land was used immediately before the appointed day.

(2) The erection of a building shall not be undertaken without the consent of the responsible authority under this Division.

(3) The responsible authority shall not grant its consent under this Division without the concurrence

of the Commissioner for Main Roads.

Division 5 Application of Division 15. This Division applies both to vacant land and built-up land. Restriction on use of land 16. (1) Land which is reserved under Division 2 or 3 shall not be used without the consent of the

responsible authority for any purpose other than the purpose for which it was used immediately before 12th July, 1946.

(2) Nothing in subclause (1) shall prevent the use of land for a purpose other than the purpose for

which it was used immediately before 12th July, 1946, where consent to the first mentioned use has been granted either in accordance with the terms of the Town and Country Planning (General Interim Development) Ordinance or Division 7 of Part XIIA of the Act or of an interim development order made under Division 7 of part XIIA of the Act or the County of Cumberland Planning Scheme Ordinance.

Acquisition of land 17. (1) The owner of any land reserved under Division 2 or 3 upon which the erection of any building or

the carrying out or alteration of any work of a permanent character or the making or alteration of any permanent excavation is prohibited except for or incidental to a purpose for which the land is so reserved, in respect of which the responsible authority has refused its consent pursuant to clause 9 (2), 12 (2) or 16, may, by notice in writing, require the responsible authority to acquire that land.

(2) Upon receipt of a notice referred to in subclause (1) the responsible authority shall acquire the

land to which the notice relates. Transfer of land 18. (1) The Commission may, upon such terms and conditions as may be agreed, transfer any land

which has been acquired by it in pursuance of clause 17 to the appropriate statutory authority.

(2) The Commission may, with the consent of the Council or of any public body or trustees, as the case may be, place any land acquired by the Commission, whether under this scheme or under the County of Cumberland Planning Scheme, for county open space, parks and recreation areas, foreshore reservations or places of natural beauty or advantage under the care, control and management of the Council, that public body or those trustees.

Schedule of proposals 19. (1) The Commissioner for Main Roads may, from time to time, give notice to the Commission of a

schedule of proposals in relation to proposed county roads in conformity with this scheme which the Commissioner, pursuant to any powers, authorities, duties and functions conferred or imposed by or under any Act, proposes to carry into effect.

(2) Where a notice has been given to the Commission under subclause (1), the Commission shall not

thereafter incur any expense in respect of the acquisition of, or otherwise in relation to, the land

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which is required in connection with the proposals specified in the notice and shall, upon such terms and conditions as may be agreed, transfer to the Commissioner for Main Roads any land which has been acquired by the Commission in connection with those proposals before the receipt of the notice.

Relocation of county roads 20. (1) The Commission may, with the concurrence of the Commissioner for Main Roads, relocate or

alter the route of any county road indicated on the scheme map.

(2) The Commissioner for Main Roads may make application to the Commission for the relocation or alteration of the route of any county road shown on the scheme map and shall indicate the relocation or alteration required.

(3) Where the Commission proposes to relocate or alter the route of any county road, the

Commission shall -

(a) notify brief particulars in the Gazette and in a newspaper circulating in the locality; and (b) in respect of each parcel of land affected by the proposal, notify the person who is

shown in the rate book of the Council as the owner of the land of the proposal by registered letter addressed to that person at the address last recorded in the rate book in respect of that person.

(4) A notification referred to in subclause (3) (a) or (b) shall state that full particulars of the proposed

relocation or alteration, together with a plan or aerial photograph showing the land affected thereby, may be inspected at such places as are specified in the notification and that objections against the proposal may be made in writing to the Commission on or before the date specified in the notification by any person who has an estate or interest in any such land.

(5) On or before the date specified in a notification pursuant to subclause (3) (a) or (b), any person

who has an estate or interest in the land affected by the notification may make objection in writing to the Commission against the proposal of which particulars are given in the notification.

(6) The Commission shall consider such objections as may be received under subclause (5) and,

after making any adjustments which may be considered desirable and which are concurred in by the Commissioner for Main Roads, may, with the approval of the Governor, relocate or alter the route of the county road concerned.

(7) Where the route of a county road has been relocated or altered under this clause, the Commission shall cause to be prepared 3 copies of a plan which -

(a) shows the relocation or alteration of the land which is required for the purposes of the

county road as so relocated or altered; and

(b) indicates any land which is no longer required for the purpose of the county road as relocated or altered and the zones in which the land shall be included or the purposes for which the land shall be reserved in accordance with this Part.

(8) The copies of the plan referred to in subclause (7) shall be sealed with the seal of the

Commission and thereafter 1 plan shall be attached to the scheme map deposited in the office of the Commission, 1 shall be forwarded to the Council and 1 shall be forwarded to the Commissioner for Main Roads.

(9) The Commission shall cause to be published in the Gazette and in a newspaper circulating in the

locality notification that the route of the county road has been relocated or altered and that the copies of the plan have been forwarded to the authorities referred to in subclause (8).

(10) Upon publication of the notification referred to in subclause (9) the provisions of Divisions 3 and

4 relating to county roads shall thereupon -

(a) cease to apply to the land shown on the plan referred to in the notification as being no longer required for the purpose of the county road as relocated or altered, and that land shall be deemed to be included in the zone indicated on the plan or reserved in accordance with the provisions of this Part and the provisions of this Ordinance relating to land included in a zone or so reserved shall apply to the land; and

– 13 –

(b) apply to any land shown on the plan referred to in the notification as being required for the purposes of the county road as relocated or altered in all respects and to the like extent as if that land were land to which this Part applies and the provisions of Division 3 or 4 shall apply thereto in the case of vacant land and built-up land respectively and the land shall be deemed to be no longer included in a zone or reserved for purposes other than county roads and the provisions of this Ordinance relating to land included in a zone or so reserved shall cease to apply to that land.

Relocation of local roads 21. (1) In this clause, “local road” means land shown on the scheme map coloured grey between a firm

black line and a broken black line and all land coloured grey between broken black lines.

(2) The provisions of clause 20 (subclause (2) excepted) apply to and in respect of a local road in the same way as they apply to and in respect of a county road except that, in so applying those provisions -

(a) a reference to the Commission shall be construed as a reference to the Council;

(b) the reference to the Council where occurring in subclause (8) shall be read and

construed as a reference to the Commission; and

(c) no concurrence of the Commissioner for Main Roads shall be required.

– 14 –

PART III

General Restrictions on Development and Use of Land Subdivision of land 22. Land, whether included within a zone or reserved, shall not be subdivided without the prior consent of the

responsible authority. 23. Repealed by LEP 20 – Gazetted 15.12.89

Erection or use of buildings or works 24. (1) Subject to Parts IV, V, VI and VII the purposes -

(a) for which buildings or works may be erected, carried out or used without the consent of the responsible authority;

Amended 5.3.82

(b) for which buildings or works may be erected, carried out or used only with the consent of

the responsible authority, where that consent cannot be refused and subject to such conditions as may be imposed by the responsible authority.

(c) for which buildings or works may be erected, carried out or used only with the consent of

the responsible authority; and

(d) for which buildings or works may not be erected, carried out or used,

on land within each of the zones specified in Column I of the Table to this clause are respectively shown opposite thereto in Columns II, III, IV and V of that Table.

Restrictions on buildings and works

(2) Subject to Parts IV, V, VI and VII -

(a) a person shall not, without the consent of the responsible authority, erect or use a building or carry out or use a work in any zone for any purpose shown opposite that zone in Column III or Column IV of the Table to this clause; and

(d) a person shall not erect or use a building or carry out or use a work in any zone for any

purpose shown opposite that zone in Column V of the Table to this clause. Restriction on use of land

(3) Subject to Parts IV, V, VI and VII -

(a) a person shall not, without the consent of the responsible authority, use land included in a zone, whether forming the site of a building or not, for any purpose for which a building in the same zone may be erected or used only with the consent of the responsible authority; and

(b) a person shall not use land included in a zone, whether forming the site of a building or

not, for any purpose for which a building in the same zone may not be erected or used. Exempt Development

(4) Development listed in Schedule 10 is exempt development, except as provided by subclause (5).

(5) Development is exempt development only if:

(a) it does not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, and

(b) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and

(c) it does not contravene any condition of a development consent applying to the land, and

– 15 –

(d) it does not obstruct drainage of the site on which it is carried out, and (e) it does not restrict any vehicular or pedestrian access to or from the site on which it is

carried out, and (f) it is carried out at least one metre from any easement or public sewer main and complies

with the building over sewer requirements of Sydney Water Corporation applying to the land, and

(g) it does not require a tree to be removed, and (h) it meets the requirements listed in Schedule 10 for the development.

LEP No. 47 Gazetted 27.10.00

Complying Development

(6) Development listed in Schedule 11 is complying development if:

(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

(b) it is not an existing use, as defined in section 106 of the Act,

except as provided by subclauses (7) and (8).

(7) Development is complying development only if:

(a) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and

(b) it meets the requirements listed in Schedule 11 for the development, and (c) it does not contravene any condition of a development consent applying to the land, and (d) it does not obstruct drainage of the site on which it is carried out, and (e) it does not restrict any vehicular or pedestrian access to or from the site on which it is

carried out, and (f) a certificate of compliance has been obtained for the development, if required, from

Sydney Water Corporation.

(8) Development is not complying development if it is carried out on land that has previously been used as a service station, for waste treatment, or for the manufacture of chemicals, asbestos or asbestos products, and a notice of completion of remediation work for the proposed use has not been given to Council in accordance with State Environmental Planning Policy No. 55 – Remediation of Land.

(9) A complying development certificate issued for any such development is to be subject to the

conditions for the development specified in Development Control Plan No. 12 adopted by Council on 25 January 2000.

LEP No. 47 Gazetted 27.10.00

Page 1 of the table

PART IV

Existing Buildings, Existing Works and Existing Uses of Land

25-30. Repealed – 26.9.80

Table

Column 1 Column II Column III Column IV Column V

Zone and colour or indication on scheme map

Purposes for which buildings or works may be erected, carried

out or used without the consent of the responsible authority

Purposes for which buildings or works may be erected or carried

out or used subject to such conditions as may be imposed by

the responsible authority.


out or used only with the consent of the responsible authority

Purposes for which buildings or works may not be erected,

carried out or used

2. RESIDENTIAL: (a) Residential

“A” Pink

.......... .......... Any purpose other than that referred to in Column II or Column V.

Advertising structures; amusement parks; boarding-houses; bulk stores; caravan parks; car parking other than that connected with or subsidiary to any purpose referred to in Column II or Column IV; car repair stations; clubs; commercial premises; commercial signs exceeding 0.3 square metres in area; gas holders; generating works; hospitals; hotels; industries; institutions; junk yards; liquid fuel depots; mines; motels; motor caravan or boat showrooms; places of assembly; places of public worship; refreshment rooms; residential flat buildings (other than units, not exceeding 2 storeys, for aged persons); roadside stalls; sawmills; service stations; shops; stock and sale yards; taverns; transport terminals; warehouses.

Page 2 of the table











carried out or used

(b1) Residential “B1” Pink with red edging and lettered 2(b1)

.......... .......... Any purpose other than that referred to in Column V.

Advertising structures; amusement parks; boarding-houses; bulk stores; caravan parks; car parking other than that connected with or subsidiary to any purpose referred to in Column IV; car repair stations; clubs; commercial premises; gas holders; generating works; hospitals; hotels; industries; institutions; junk yards; liquid fuel depots; mines; motels; motor caravan or boat showrooms; places of assembly; refreshment rooms; residential flat buildings (other than units for aged persons, duplex flats, maisonettes, semi-detached cottages, terrace buildings, group houses, villa homes, town houses and the like); roadside stalls; sawmills; service stations; shops; stock and sale yards; taverns; transport terminals; warehouses

Page 3 of the table











carried out or used

(b2) Residential “B2” Pink with red edging and lettered 2(b2)


Advertising structures; amusement parks; boarding-houses; bulk stores; caravan parks; car parking other than that connected with or subsidiary to any purpose referred to in Column IV; car repair stations; clubs; commercial premises; gas holders; generating works; hotels; industries; institutions; junk yards; liquid fuel depots; mines; motels; motor caravan or boat showrooms; places of assembly; refreshment rooms; residential flat buildings (other than residential flat buildings not exceeding 2 storeys in height and units for aged persons); roadside stalls; sawmills; service stations; shops; stock and sale yards; taverns; transport terminals; warehouses

Page 4 of the table











carried out or used

(c1) Residential “C1” Pink with red edging and lettered 2(c1).

.......... .......... Boarding houses; car parking connected with or subsidiary to any purpose referred to in this column; child care centres; commercial signs; drainage; dwelling-houses; educational establishments; home occupations; hospitals; open space; place of public worship; professional consulting rooms; public buildings; residential flat buildings; roads; utility installations (other than gas holders or generating works).

Any purpose other than that referred to in Column IV.

Page 5 of the table











carried out or used

(c2) Residential “C2”

.......... .......... Boarding houses; car parking connected with or subsidiary to any purpose referred to in this column; child care centres; commercial signs; drainage; dwelling-houses; educational establishments; home occupations; hospitals; open space; places of public worship; professional consulting rooms; public buildings; residential flat buildings; roads; utility installations (other than gas holders or generating works).


Page 6 of the table











carried out or used

3. BUSINESS:

(a) Business General. Light blue.

.......... Shops (other than drive-in take-away shops) not exceeding 1,000 square metres floor space; commercial premises not exceeding 1,500 square metres floor space referred to in Schedule 1.

Any purpose other than that referred to in Column III or Column V.

Amusement parks; boarding-houses; caravan parks; car repair stations; dwelling-houses or residential flat buildings (other than those attached to or used in conjunction with shops or commercial premises); extractive industries; gas holders; generating works; hospitals; hotels; industries referred to in Schedule 5; institutions; junk yards; liquid fuel depots; mines; motor, caravan or boat showrooms; rag collecting and dealing; roadside stalls; service stations; stock and sale yards; taverns; transport terminals (other than bus stations); warehouses; wholesale markets.

Page 7 of the table











carried out or used

(b) Business Special. Light blue with red edging and lettered 3 (b)

.......... .......... Advertising structures; boarding houses; bulk stores; car repair stations; child care centres; clubs; commercial premises (other than those used for rag collecting and dealing); commercial signs; dwelling-houses or residential flat buildings attached to and used in conjunction with commercial premises; industries referred to in Schedule 4; mixed development; motels; motor, caravan or boat showrooms; motor vehicle smash repair stations; open space; parking; public buildings; roads; service stations; utility installations (other than gas holders or generating works).


Page 8 of the table











carried out or used

(c1) Business Special (District Centres). Light blue with red edging and lettered 3(c1)

and

(c2) Business Special (District Centre). Light blue with red edging and lettered 3(c2)


Amusement parks; bulk stores; boarding-houses; caravan parks; car repair stations; dwelling-houses or residential flat buildings (other than those attached to and used in conjunction with shops or commercial premises); extractive industries; gas holders; generating works; industries referred to in Schedule 5; institutions; junk yards; liquid fuel depots; rag collecting and dealing; mines; roadside stalls; stock and sale yards; transport terminals (other than bus stations).

Page 9 of the table











carried out or used

(c3) Business Special (Commercial). Light blue with red edging and lettered 3(c3)

.......... .......... Advertising structures; car parking connected with or subsidiary to any purpose referred to in this Column; child care centres; clubs; commercial premises (other than those used for rag collecting and dealing); commercial signs; drainage; dwelling-houses or residential flat buildings attached to and used in conjunction with commercial premises; open space; purposes referred to in Schedule 3; utility installations (other than gas holders or generating works).


Page 10 of the table











carried out or used

(d) Business Neighbourhood. Dark blue.

.......... Shops (other than drive-in take-away shops) referred to in Schedule 1 in a building or group of buildings to be used wholly or partly as shops the total floor space of which shops does not exceed 500 square metres; dwelling-houses or residential flat buildings attached to and used in conjunction with such shops.

Advertising structures; car parking connected with or subsidiary to any purpose referred to in this column or Column III; child care centres; clubs; commercial premises (other than those used for rag collecting and dealing) commercial signs; drainage; dwelling-houses or residential flat buildings attached to and used in conjunction with commercial premises; open space; purposes referred to in Schedule 2; roads; shops (other than those referred to in Column III); utility installations (other than gas holders or generating works).

Any purpose other than that referred to in Column III or Column IV












carried out or used

4. INDUSTRIAL

(b) Light Industrial. Purple with red

edging and lettered 4 (b)


Amusement parks; boarding houses; caravan parks; clubs; commercial premises (other than rag collecting or dealing) dwelling-houses; or residential flat buildings (other than those used in conjunction with industry and situated on the same land as the industry); educational establishments; extractive industries; hospitals; hotels; institutions; industries referred to in Schedule 5; junk yards; liquid fuel depots; mines; motels; roadside stalls; shops (other than those referred to in Schedule 3); stock and sale yards; taverns.

5. SPECIAL USES;

(a) Special Uses “A” Yellow

.......... The particular purpose indicated by red lettering on the scheme map.

Any purpose ordinarily incidental or subsidiary to the purpose referred to in Column III; drainage; open space; roads; utility installations (other than gas holders or generating works).

Any purpose other than that referred to in Column III or Column IV.












carried out or used

(b) Special Uses “B” (Railways) Blue Purple

.......... .......... Any purpose. ..........

6. OPEN SPACE:

(a) Existing Recreation. Dark green

.......... Any purpose authorized by Division 2 or 3 of Part XIII of the Act; showgrounds; sportsgrounds; recreation areas.

Caravan parks; drainage; roads; utility installations (other than gas holders or generating works)


(b) Recreation Private. Dark green with yellow edging

.......... Bowling greens; tennis courts; recreation areas; sports clubs.

Any purpose incidental to the purpose referred to in Column III; utility installations (other than gas holders or generating works).


- 26 -

PART V

Consents 31. Repealed 26.9.80

32. Repealed 23.10.81

Advertisement of certain applications 33. (1) The responsible authority, before determining any application for its consent to carry out

development for the purpose of - (a) a hospital on land within Zone No. 2 (c1) or 2 (c2) (b) a boarding-house on land within Zone No. 2 (c1) or 2 (c2); or (c) a place of public worship on land within Zone No. 2 (b1), 2 (b2), 2 (c1) or 2 (c2)

shall give notice of the receipt of the application in a newspaper circulating in the locality in which the development the subject of the application is proposed to be carried out.

(2) The cost of giving notice in accordance with subclause (1) may be included in the fees, if any,

fixed in respect of any application for consent under this Ordinance.

(3) A notice referred to in subclause (1) shall -

(a) set out particulars sufficient to identify the land to which the application relates and the nature of the proposed development; and

(b) allow a period of 14 days from the date of publication during which any person may

lodge with the responsible authority written objection to the proposed development on the ground that it will injuriously affect the ownership or occupation by that person of a dwelling-house or dwelling in a residential flat building in the vicinity.

(4) After expiry of the period allowed by a notice referred to in subclause (1), the responsible

authority shall consider the application having regard to any objections lodged in pursuance of this notice.

34. Repealed 26.9.80 Consideration of certain applications 35. (1) The responsible authority shall, in respect of an application under this Ordinance for its consent

or approval to the erection of a building, the carrying out of a work or the use of land within view of any waterway or adjacent to any road, railway, public reserve or land reserved for open space or land within Zone No. 6 (a) or 6 (b), take into consideration the probable aesthetic appearance of the proposed building or work or that land when used for the proposed purpose and viewed from that waterway, road, railway, public reserve or land so reserved or zoned.

(2) The responsible authority shall, in respect of an application under this Ordinance for its consent

or approval to the erection or use of a hotel, motel, service station, car repair station, place of assembly or industrial premises or to the carrying out of any other development likely to cause increased vehicular traffic or disruption to the vehicular traffic flow on any road in the vicinity of that development, take into consideration -

(a) whether adequate vehicular exits from and entrances to the site have been provided so

that vehicles using those exits and entrances will not endanger persons and vehicles using those roads;

(b) the provision of space on the site or on land adjoining the site, other than a public road,

for the parking or standing of such number of vehicles as the responsible authority may determine; and

(c) Omitted SEPP (Repeal of Concurrence and Referral Provisions) 2004 – Gazetted 17.12.04

- 27 -

(d) whether adequate space has been provided within the site of the building or development for the loading, unloading and fuelling of vehicles and for the picking up and setting down of passengers.


or approval to the erection of a building, the carrying out of a work or the use of a building, work or land for the purpose of a transport terminal, take into consideration -

(a) Omitted SEPP (Repeal of Concurrence and Referral Provisions) 2004 – Gazetted 17.12.04

(b) the standard of the roads in the locality in relation to the size and weight of the vehicles

likely to use the transport terminal; (c) traffic conditions and facilities generally in the vicinity of the approaches to the transport

terminal; (d) the means of ingress and egress; (e) the provision on land (other than a public road) of space for the parking and standing of

vehicles; and (f) the layout of buildings on the site in relation to -

(i) the provision of space for the parking and standing of vehicles; (ii) the provision of space for the loading; unloading or fuelling of vehicles; and (iii) the traffic facilities within the site.


or approval to the erection or use of a residential flat building, take into consideration any code for the erection of residential flat buildings adopted by resolution of the Council.


or approval to the erection of a building, the carrying out of work or the use of land for the purpose of an extractive industry or mine, take into consideration the advisability of imposing conditions to secure the reinstatement of the land, to facilitate the removal of waste material or refuse to secure public safety in the neighbourhood and to protect the amenity of the neighbourhood.

Concurrence of Commission 36. Omitted SEPP (Repeal of Concurrence and Referral Provisions) 2004 – Gazetted 17.12.04 37. Repealed 26.9.80 38. Amended 26.9.80; 5.5.82 39. Repealed 26.9.80

Concurrence of the Minister 40. Omitted SEPP (Repeal of Concurrence and Referral Provisions) 2004 – Gazetted 17.12.04

41. Repealed 23.10.80

- 28 -

PART VI

General Amenity and Convenience Tree preservation 42. (1) Where it appears to the responsible authority that it is expedient for the purpose of securing

amenity or of preserving existing amenity it may, for that purpose and by resolution, make an order (hereinafter referred to as a “tree preservation order”) and may, by resolution, rescind or vary any such order.

(2) A tree preservation order may prohibit the ringbarking, cutting down, topping, lopping, removing,

injuring or wilful destruction of any tree or trees specified in the order except with the consent of the responsible authority and that consent may be given subject to such conditions as the responsible authority may think fit.

(3) A tree preservation order may relate to any tree or trees or to any specified class, type or

description of trees on land described in the order and that land may be described particularly or generally by reference to the Municipality or any division thereof.

(4) The responsible authority shall forthwith upon the making of a tree preservation order cause

notice of the making of the order to be published in the Gazette and in a newspaper circulating in the area in which the land described in the order is situated.

(5) A person who contravenes or causes or permits to be contravened a tree preservation order shall

be guilty of an offence.

(6) In any proceedings under this clause it shall be sufficient defence to prove that the tree or trees ringbarked, cut down, topped, lopped, removed, injured or wilfully destroyed was or were dying or dead or had become dangerous.

Foreshore building lines 43. (1) The responsible authority may, by resolution, fix a building line (in this clause called a “foreshore

building line”) in respect of any land fronting any river, canal or creek.

(2) A foreshore building line shall, when fixed in accordance with subclause (1), be marked upon a plan or clearly described in the resolution and such plan or resolution shall be available for inspection by the public during the office hours of the responsible authority.

(3) A building shall not be erected between a foreshore building line and the river, canal or creek in

respect of which the line is fixed. (4) The responsible authority may alter or abolish a foreshore building line where the levels or depth

of an allotment or other exceptional conditions of a site make it necessary or expedient to do so.

- 29 -

PART VII

Special Provisions Car parking in certain zones 44. A person shall not use land within Zone No. 2 (a), 2 (b1), 2 (b2) 2(c1) or 2 (c2), or buildings erected on

that land for the purpose of car parking-

(a) without the consent of the responsible authority; and (b) otherwise than in connection with or subsidiary to a purpose specified in Column II or IV of the

Table to clause 24 shown opposite the zone in which the land or building is situated in Column 1 of that Table.

Advertising structures in certain zones 45. (1) An advertising structure (other than an advertising structure used only to indicate the purposes

for which the land, building or work on which it is erected are used) shall not be erected on any land within Zone No. 2 (a), 2 (b1), 2 (b2), 2 (c1), 2 (c2), 5 (a) or 6 (b).

(2) A commercial sign exceeding 0.3 square metres in area shall not be erected on any land within

Zone No. 2 (a). Land fronting a main or county road and Burwood Road 46. (1) This clause applies to development for the purposes of commercial premises -

(a) on land within Zone No. 3 (b) which has a frontage to a main or county road; or (b) on land within Zone No. 3 (c3) which has a frontage to Burwood Road.

(2) The distance between any building and the road alignment of the main or county road or

Burwood Road (as the case may be) to which the site has frontage shall not be less than - (a) 6 metres; or (b) (b) one quarter of the average depth of the site,

whichever is the lesser.

(3) There shall be no direct vehicular access from any site to the main or county road or Burwood

Road (as the case may be) to which the site has frontage if there is available alternative side or rear access to the site.

(4) The responsible authority shall not consent to the erection of a building on a site with access only

to a main or county road unless provision is made for vehicles to enter and leave the site in a forward direction.

(5) There shall be provided on the site parking spaces for so many motor vehicles as the responsible

authority may determine.

(6) The site shall be landscaped, and that landscaping shall be maintained, to the satisfaction of the responsible authority.

(7) The height of a building erected on land within Zone No. 3 (c3) to which this clause applies shall

not exceed 8 metres.

(8) Nothing in this clause shall prevent the responsible authority from varying any of the requirements relating to the distance between a building and a road alignment where because of the size or shape or the topography of the land, the imposition of those requirements could make development of the land physically impracticable.

Land used for the purpose of a club 47. The responsible authority shall not consent to the erection or use of a building or to the use of land for the

purpose of a club registered under the Registered Clubs Act, 1976 -

- 30 -

(a) within Zone No. 3 (a); or

(b) within Zone No. 3 (b) or 3 (c3) which has a frontage to a main or county road or Burwood Road.

Loading and unloading facilities 48. (1) Except as provided by subclause (2) or (3), the responsible authority shall not consent to

development on land within Zone No. 3 (a), 3 (b), 3 (c1), 3 (c2), 3 (c3) or 3 (d) unless provision is made within the site for satisfactory loading and unloading facilities.

(2) If a building in a development referred to in subclause (1) has access to a lane either at the rear

or side of the building the loading and unloading facilities shall be provided solely from that lane.

(3) This clause does not apply to development being minor alterations to an existing building where, in the opinion of the responsible authority, the size and shape of the land render the provision of facilities in accordance with this clause impracticable.

Land used for commercial or industrial purposes 49. (1) This clause applies to land used or intended to be used for commercial or industrial purposes,

whether or not it forms the site of a building.

(2) Land to which this clause applies shall not be used, without the consent of the responsible authority, for the storage, sale or display of goods or for advertising purposes if -

(a) the land is vacant land;

(b) the land comprises the site of a building of a minor character; or

(c) the land comprises the site of a building, other than a building of a minor character, and

is the land between the building and the road frontage of the land. Drive-in take-away food shops 50. A drive-in take-away food shop shall not be erected or used unless the following conditions are complied

with:-

(a) the site area is not less than 1 000 square metres; (b) where the site area has a frontage to a main or county road -

(i) the frontage is not less than 27 metres; and

(ii) parking space for not less than 30 motor vehicles is provided on the site;

(c) where the site area has a frontage to any other road -

(i) the frontage is not less than 21 metres; and

(ii) parking for so many motor vehicles as the responsible authority may determine is provided on the site;

(d) any vehicular crossing is not -

(i) less than 6 metres wide;

(ii) closer than 9 metres to another vehicular crossing on the site area; or

(iii) closer than 7.6 metres to a road intersection;

(e) the site area is landscaped to the satisfaction of the responsible authority; and (f) not more than 2 advertising structures are displayed outside the shop.

- 31 -

Drive-in theatres 51. A drive-in theatre shall not be erected or used unless -

(a) any vehicular entrance to or exit from that drive-in theatre is located not less than 90 metres from a main or county road;

(b) a vehicular driveway, at least 60 metres in length and 21 metres in width, leading from the

entrance to the site to the location of the ticket office is constructed within the site of the drive-in theatre; and

(c) the screen of the drive-in theatre is located or protected so that no image projected on it is visible

and identifiable from a main or county road. Dwelling-houses on minimum site areas 52. (1) Except as provided by subclauses (3) and (4), a dwelling-house shall not be erected on an

allotment within Zone No. 2 (a), 2 (b1), 2 (b2), 2 (c1) or 2 (c2) unless -

(a) where the allotment is hatchet-shaped, it has no area of not less than 660 square metres; or


(b) where the allotment is not hatchet-shaped -

(i) it has an area of not less than 560 square metres; and

(ii) it is not less than 15 metres wide at the front alignment of the dwelling-house

(2) For the purposes of subclause (1) (a), the area of an access corridor shall not be taken into account in computing the area of a hatchet-shaped allotment.

(3) The responsible authority may consent to the erection of a dwelling-house on an allotment within

Zone No. 2 (a), 2 (b1), 2 (b2), 2 (c1) or 2 (c2) if the area or the width of the site or the access corridor as the case may be, departs to only a minor extent from an area or width prescribed in subclause 1 (a) or (b).

(3) A dwelling-house may be erected on a property which is specified in Column I of Schedule 6 and

which comprises the land described opposite thereto in Column II of that Schedule. 52A Inserted 18.12.81; Omitted by SREP 12 – 19.7.88 Exhibition homes 53. The responsible authority may consent to the use of a dwelling-house on land (other than land with a

designated frontage) within Zone No. 2 (a), 2 (b1), 2 (b2), 2 (c1) or 2 (c2) as an exhibition home. Dual occupancy development 53A (1) This clause applies to all land including conservation areas.

(2) A person may, with the consent of Council:

(a) alter or add to a two storey dwelling-house already erected on an allotment so as to create 2 attached dwellings, or

(b) alter or add to a single storey dwelling-house already erected on an allotment so as to create 2 single storey attached dwellings, or

(c) erect 2 single storey attached dwellings on an allotment, or (d) erect 2 detached dwelling-house on an allotment where the dwelling at the front of the

allotment is 2 storeys and the dwelling at the rear in single storey, or (e) erect a single storey dwelling-house at the rear of an existing 2 storey dwelling already

erected on the allotment, or (f) erect a dwelling-house and alter or add to a building other than a dwelling-house,

erected on an allotment, so as to create 2 dwelling-houses, not exceeding one storey in height,

if, but only if, not more than two dwellings will be on the allotment after the development has been carried out.

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(3) The Council shall not consent to an application made for consent to carry out development in accordance with this clause unless: (a) in a case where the development will result in the creation of two attached dwellings –

the area of the allotment on which the dwellings will be situated is not less than 500 square metres, or

(b) in a case where the development will result in 2 detached dwelling-houses – the area of the allotment on which the dwelling-houses will be situated is not less than 600 square metres.

(4) The Council may refuse consent to an application made for consent to carry out development in accordance with this clause unless, in the case of development that will result in 2 detached dwelling-house on land fronting a major arterial road, vehicular access is provided by way of an adjacent local road (where possible) or by way of a consolidated driveway.

(5) Consent must not be granted to development allowed by this clause in respect of land that, because

of its special streetscape, is a conservation area (within the meaning of clause 79A or Part 7A) unless the Council is satisfied that adequate regard has been had to such matters required to be taken into account by clauses 79A, 79C, 79D and 79E as are relevant to the proposal.

(6) The Council shall not grant a consent referred to in subclause (5) unless it has taken into

consideration a heritage impact statement, being a statement that describes: (a) the impact that the proposed development the subject of the application for consent is

likely to have on the heritage significance of the building, structure, heritage item or conservation area concerned, and

(b) any measures proposed to mitigate any adverse aspects of that impact. (7) The provisions of subclauses (5) and (6) prevail over all other provisions of this plan, whether or not

there is any direct or indirect inconsistency between subclauses (5) and (6) and the other provisions. LEP 35 – Gazetted 12.4.02

Restriction on excavation 54. Where immediately before 27th June, 1951, any land within Zone No. 2 (a), 2 (b1), 2 (b2), 2 (c1), 2 (c2), 3 (a), 3

(b), 3 (c1), 3 (c2, 3 (c3), 3 (d), 6 (a) or 6 (b) was used for the purpose of winning extractive materials, no excavation for that purpose shall be made, opened or extended within 15 metres of adjoining land which is within any of those zones and was not immediately prior to that day in the same ownership.

Floor space ratio 55. (1) In this clause “building” in relation to land within Zone No. 2 (b1), 2 (b2), 2 (c1) or 2 (c2), does

not include a dwelling-house or residential flat building. (2) Omitted by LEP 35 _ Gazetted 12.4.02

(4) The ratio of the total floor space of any building or buildings erected or proposed to be erected on land within a zone specified in Column I of the Table to this clause to the site area of the land shall not exceed the ratio set out opposite the zone in Column II of that Table.

Table

Column I Column II

Zone No. 2 (b1)

Zone No. 2 (b2)

Zone No. 2 (c1)

Zones No. 2 (c2), 3 (d), 4 (b)

Zones No. 3 (a), 3 (b), 3 (c3)

Zones No 3 (c1), 3 (c2)

0.4:1

0.55:1

0.75:1

1:1

1.5:1

2:1 LEP 35-Gazetted 12.4.02

(4) Omitted by LEP 35 – Gazetted 12.4.04

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(5) The ratio of the total floor space of any building or buildings erected or proposed to be erected on any land within Zone No. 3 (c3) on the north western side of Liverpool Road between Willee Street and The Boulevarde, to the site area, shall not exceed 1:1.

(6) The provisions of this ordinance (other than subclause (7)) relating to residential flat buildings do

not apply to a dwelling-house altered or added to, or proposed to be altered or added to, in accordance with this clause.

(7) For the purposes of enabling development to be carried out in accordance with this clause or in

accordance with a consent granted under the Environmental Planning & Assessment Act, 1979, in relation to development carried out in accordance with this clause –

(a) Sections 314(1)(c) of, and Schedule 7 to, the Local Government Act, 1919; (b) Any proclamation made under Section 109(1) of that Act; (c) Section 37 of the Strata Titles Act, 1973; and (d) Any agreement, covenant or instrument imposing restrictions as to the erection or use of

buildings for certain purposes or as to the use of land for certain purposes, To the extent necessary to serve that purpose, shall not apply to the development.

(8) Pursuant to Section 28 of the Environmental Planning & Assessment Act, 1979, before the

making of this clause –

(a) The Governor approved of subclause (7); (b) The Minister for Local Government concurred in writing in the recommendation for

approval of the Governor of subclause (7); and (c) The Minister for the time being administering the provision of the Strata Titles Act, 1973,

referred to in that subclause concurred in writing in the recommendation for the approval of the Governor of subclause (7).

Height of buildings 56. A person shall not erect a building which is more than 8 metres in height without the prior consent of the

responsible authority. Height of buildings in Zones Nos 2(b1), 2(b2), 2 (c1), 2 (c2) and 3(a) 56A The Council must not consent to the erection of a building on land within a zone shown in Column I of the

Table to this clause that exceeds the height shown in Column II of that Table. Table

Column I Column II

Zone Maximum height of buildings in storeys

2(b1) 2 2(b2) 2 2(c1) 3 2(c2) 8 3(a) 4

LEP 35 - Gazetted 12.4.02 Hotels 57. Development shall not be carried out for the purpose of a hotel on any land within Zone No. 3 (c1) or 3

(c2), the area of which is less than 4,000 square metres. Industry in Zone No. 3(a), 3(b), 3(c1), 3(c2) or 3(d) 58. Development shall not be carried out on any land within Zone No. 3(a), 3(b), 3 (c1), 3 (c2), or 3 (d) for the

purposes of an industry if -

(a) the total floor space of the building or the part of the building so used or proposed to be used or the total area of the land so used or proposed to be used exceeds 500 square metres; or

(c) (except in respect of a service station or car repair station) the area of the site exceeds 1 000 square metres.

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Mixed development in Zone No 3 (b) 58A Mixed development shall not be carried out on land within Zone No 3 (b) if:

(a) the total floor space that is to be used for dwellings, dwelling-houses or residential flat buildings will exceed 50% of the total floor space of the building or buildings erected or to be erected on the land concerned, or

(b) the height of any building on the land will exceed 4 storeys at the street alignment or 5 storeys elsewhere.


Junk yards 59. Development shall not be carried out for the purpose of a junk yard on any land within 90 metres of a

main road. Liquid fuel depots 60. A liquid fuel depot having an above ground storage capacity of 500 kilolitres or more of inflammable

liquid shall not be established, enlarged or used without the prior consent of the responsible authority. Junction with county road 61. Omitted SEPP (Repeal of Concurrence and Referral Provisions) 2004 – Gazetted 17.12.04 Realignment of main roads 62. The responsible authority shall not, without the approval of the commissioner for Main Roads, cause to be

aligned or realigned any main road or any other road which the Commissioner for Main Roads has notified as a proposed main road.

Motels 63. A person shall not carry out development for the purpose of a motel on any land within Zone No. 3 (a), 3

(b), 3 (c1) or 3 (c2), the area of which is less than 2 000 square metres. Motor vehicle smash repair stations 64. (1) This clause applies to development for the purpose of a motor vehicle smash repair station (but

not to development for the purpose of a car repair station) on land within Zone No. 3 (b).

(2) The ratio of the total floor space of any building erected or proposed to be erected to the area of the site shall not exceed 0.3:1.

(3) The area of the site shall not exceed 1 500 square metres.

(4) The responsible authority shall not consent to development for the purpose of a motor vehicle

smash repair station unless it is satisfied that provision has been made for all vehicles to enter and leave the site in a forward direction at all times.

Railway sidings 65. Nothing in this Ordinance operates to prohibit the construction and use of a railway siding designed to

serve land within Zone No. 4 (b). Residential flat buildings - standards 66. (1) In this clause -

“floor space”, in relation to a building, does not include the width of any external wall of that building; “landscaped area”, in relation to a site area, means that part of the site area not occupied by any building or buildings, except for swimming pools or open air recreation facilities, which part is

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predominantly landscaped by way of planning of gardens, lawns, shrubs or trees and is available for use and enjoyment by the occupants of the building erected on the site area, but does not include so much of the site area as is used for driveways, parking areas or drying yards;

“large dwelling” means a dwelling, the floor space of which is 93 square metres or more;

“medium dwelling” means a dwelling, the floor space of which is less than 93 square metres but more than 79 square metres;

“small dwelling” means a dwelling, the floor space of which is 79 square metres or less, but not less than 65 square metres.

(2) Development shall not be carried out for the purpose of a residential flat building, other than

units for aged persons, on land within a zone specified in Column I of the Table to this clause unless -

(a) the area of the site is not less than the total of the areas specified in Column II of that

Table opposite that zone in respect of each large, medium and small dwelling (as the case may be); and

(b) there is provided a landscaped area of not less than the total of the areas specified in

Column III of that Table opposite that zone in respect of each large, medium and small dwelling (as the case may be),

proposed to be contained within the building.

(3) For the purpose of this clause, the area of an access corridor shall not be taken into account in

computing the area of a hatchet-shaped allotment.

Table

Column I Column II Column III

Zone Minimum area (in square metres) of the site required for each -

(a) large dwelling; (b) medium dwelling; and (c) small dwelling

within a building

Minimum landscaped area (in square metres) required for each -

(a) large dwelling; (b) medium dwelling; and (c) small dwelling

within a building

2(b1) (a) 250 (b) 250 (c) 250

(a) 125 (b) 125 (c) 125

2(b2) (a) 203 (b) 155 (c) 101

(a) 102 (b) 78 (c) 51

2(c1) (a) 152 (b) 116 (c) 76

(a) 76 (b) 56 (c) 38

2(c2) (a) 100 (b) 77 (c) 50

(a) 50 (b) 38 (c) 25

Amended LEP 35 - Gazetted 12.4.02

Residential flat buildings in Zone No. 2(b2), 2(c1) or 2(c2) 67. Omitted LEP 35 – Gazetted 12.4.02 Parking spaces

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68. Omitted LEP 35 – Gazetted 12.4.02 Setbacks 69. Omitted LEP 35 – Gazetted 12.4.02

Residential flat buildings within Zone No. 2 (b1) or 2 (b2) 70. Omitted LEP 35 – Gazetted 12.4.02 Service stations and car repair stations 71. (1) Development shall not be carried out for the purpose of a service station or car repair station

unless -

(a) the site is more than 90 metres from the junction or intersection of a main road with another main road;

(b) if the site has a frontage to a main road -

(i) Omitted SEPP (Repeal of Concurrence and Referral Provisions) 2004 – Gazetted 17.12.04

(ii) if the site is not a corner lot, the frontage to that road is not less than 38

metres, or, where the site is a corner lot, the frontage to that road is not less than 30 metres;

(c) if the site has a frontage to any other road, that frontage is not less than 30 metres;

(d) any vehicular crossing over a footpath -

(i) is not more than 9 metres wide; and (ii) is not closer than 6 metres to a road intersection;

(e) separate entrances to and exits from the site are provided and those entrances and exits

are separated by physical barriers constructed on the road alignment and identified by suitable signs readily visible to persons using the adjoining road or entering upon or leaving the site.

(f) If the site is a corner lot, and if the responsible authority so requires, separate entrances

and exits are provided to an from each of the adjoining roads and a physical barrier is erected so that a vehicle entering the site must, when leaving it, use an exit leading only to the road from which entrance is gained.

(2) Development shall not be carried out for the purpose of a service station unless, in addition to

the requirements of subclause (1) -

(a) inlets to bulk fuel storage tanks are so situated as to ensure that tankers, while discharging fuel into those tanks, shall stand wholly within the site;

(b) fuel pumps are within the site and not closer than3 metres to any road alignment;

(c) the layout of the site is such as to facilitate the movement of vehicles entering or leaving

the site and the flow of traffic on any adjoining road;

(d) vehicular access to or from the site from or to any adjoining road is situated not closer than 25 metres to any traffic lights; and

(e) the site is landscaped to the satisfaction of the responsible authority.

Setback in commercial zones 72. (1) This clause applies to land which -

(a) is within Zone No. 3 (a), 3 (b), 3 (c1, 3 (c2), 3 (c3) or 3 (d); and

(b) is contiguous to land within Zone No. 2 (a), 2 (b1), 2 (b2), 2 (c1) or 2 (c2)

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(2) Except as provided by subclause (3), a person shall not erect a building on any land closer than 6 metres to the boundary of any land within Zone No. 2 (a), 2 (b1), 2 (b2), 2 (c1) or 2 (c2).

(3) The responsible authority may vary the provisions of this clause relating to proximity to the

boundary where because of size and shape or the topography of the land, the imposition of restrictions could make development of the site physically impracticable.

Subdivision and new roads 73. Where the scheme provides for the opening of a new road, a subdivision of land of which that road forms

part shall not be approved unless that subdivision makes provision for the opening of the road in reasonable conformity with the road pattern shown by broken black lines on the scheme map.

Land uncoloured on scheme map 74. Where a public road appears uncoloured on the scheme map and the road or part of the road is lawfully

closed, no development shall be carried out on the closed road or part except with the consent of the responsible authority.

Ribbon development control 75. (1) This clause shall apply to any main road or to any part of a main road to which its provisions are

applied by the Governor by proclamation.

(2) For the purposes of subclause (3), “building” has the meaning ascribed to it in section 342G (3) (b) of the Act.

(3) The Governor, in respect of any land fronting, adjoining or adjacent to a road to which the

provisions of this clause apply, may by proclamation -

(a) prohibit the erection, within such distance of the road as may be set out in the proclamation, of buildings or any specified class of buildings or buildings intended for use for specified purposes;

(b) direct that, in respect of the erection, within such distance of the road as may be set out in the proclamation, of buildings or any specified class of buildings or buildings intended for use for specified purposes unless the responsible authority is satisfied that either -

(i) the character of a building to which the proclamation applies or the use to which such a building is to be put will not be likely to cause traffic congestion on the road; or

(ii) satisfactory arrangements have been made for limiting traffic congestion on the road,

the responsible authority shall, as a condition of its consent to the erection of that building or those buildings require the provision and maintenance of such means of entrance and egress and of such accommodation for the loading or unloading or parking of vehicles or picking up and setting down of passengers or the fuelling of vehicles as may be determined by the responsible authority for the purpose of limiting that congestion;

(c) prohibit the making of any permanent excavation within such distance of the road as may be set out in the proclamation; and

(d) prohibit the subdivision of any land which provides for the creation of separate parcels of land with a length of frontage to the road less than that specified in the proclamation.

(4) A proclamation made under subclause (3) -

(a) may apply generally to all buildings or to all buildings other than those mentioned in the proclamation or particularly to any specified class of buildings intended for use for specified purposes; and

(b) may specify different distances for different buildings or for different classes of buildings or buildings intended for use for different purposes or different distances for different roads or different distances for different parts of the same road.

(5) A copy of a proclamation made under subclause (3) shall be -

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(a) published in the Gazette and a newspaper circulating in the locality in which the road is situated; and

(b) served on the responsible authority.

Controlled access roads 76. (1) The Governor may proclaim any main road or any part of a main road to be a controlled access

road.

(2) A copy of a proclamation made under subclause (1) shall be -

(a) published in the Gazette and a newspaper circulating in the locality in which the controlled access road is situated; and

(b) served on the responsible authority.

(3) A person shall not enter or leave a controlled access road except by means of access or route

provided for that purpose.

(4) Omitted SEPP (Repeal of Concurrence and Referral Provisions) 2004 – Gazetted 17.12.04


(6) The responsible authority may erect and maintain fences or posts across any side road or other

means of access for the purpose of preventing access to a controlled access road.

(7) A person shall not drive any loose animals on or along a controlled access road.

(8) The provisions of this clause shall not apply to or in respect of any main road which is proclaimed a motorway under Part VAA of the Main Roads Act, 1924.

Noise and vibration management along traffic and transport routes 76A (1) Residential developments:

(a) must not be carried out in the vicinity of arterial roads or railway lines unless appropriate

noise mitigation measures (such as building siting, materials and design, and noise barriers) are implemented to provide residents with an acceptable internal acoustic environment, and

(b) must not be carried out in the vicinity of railway lines unless appropriate vibration

mitigation measures are implemented to provide residents with an acceptable internal acoustic (vibration exposure) environment.

(2) The mitigation measures required by paragraphs (a) and (b) of subclause (1) are to be

undertaken in accordance with a detailed noise and vibration impact assessment report prepared by an acoustic consultant. The acoustic consultant is to have regard to the following: (a) AS/NZS 2107:2000 Acoustics-Recommended design sound levels and reverberation

times for building interiors, (b) AS 3671-1989 Acoustics-Road traffic noise intrusion – Building, siting and construction, (c) British Standard BS 6472:1992 Guide to evaluation of human exposure to vibration in

buildings (1 Hz to 80Hz), (d) Chapter 174 (Vibration in buildings) of the New South Wales Environment Protection

Authority’s Environmental Noise Control Manual, (e) The New South Wales Environment Protection Authority’s Environmental criteria for road

traffic noise.

(3) In this clause, arterial road has the same meaning as in clause 76B. LEP 48 – Gazetted 24.5.02

Vehicular access along arterial roads 76B (1) Subject to subclause (2), a person must not carry out development on land that adjoins an

arterial road unless vehicular access to the land is available only by way of another road (not being another arterial road).

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(2) A person may, with development consent, carry out development that provides for permanent vehicular access to a an arterial road if, in the opinion of the Council, alternative access to that development is neither practicable nor provided by another road, a proposed road or a vehicle access way identified in a development control plan.


(4) In this clause, arterial road means a road that carries through traffic from one area or district to

another, and includes a main road, State highway, freeway or tollway within the meaning of the Roads Act 1993.


New alignment of roads 77. (1) Except as provided in subclause (2), where a proposed new alignment of a road is shown on the

scheme map by a broken black line with the words “Proposed New Alignment”, the responsible authority shall not consent to the erection of buildings or the carrying out of works on land between the existing alignment of the road and the proposed new alignment other than minor repairs and improvements for the purpose of permitting reasonable preservation and temporary use of a building or work.

(2) Where the road proposed to be realigned is a main or county road, the responsible authority shall

not consent to the carrying out of repairs and improvements referred to in subclause (1) except with the concurrence of the Commissioner for Main Roads.

Closing of roads 78. (1) The responsible authority shall as soon as practicable after the appointed day and within a

period of 10 years after that day, apply for approval of the Governor to publish a notice of resumption of any land comprised in a road or part of a road shown on the scheme map by black diagonal hatching superimposed on a colour and, upon the granting of that approval, at once proceed to resume the land.

(2) Upon applying for approval under subclause (1), the responsible authority shall forthwith forward

by registered post to each owner and occupier of land adjoining or abutting upon the land to be resumed a notice that the purpose of the resumption is to close a road or part of a road and to include the land comprising that road or part of a road in the particular zone or reservation indicated by the colouring, edging or lettering on which the black diagonal hatching is superimposed.

(3) Upon resumption, the land resumed shall be deemed to be included in the zone or reservation

indicated by the colouring, edging or lettering on the scheme map.

(4) Where the land is deemed to be included in a zone or reserved in pursuance of subclause (3) and the responsible authority decides to sell or lease the land, it shall give to the owners of the adjoining lands first option of purchase or lease, as the case may be, of parts of the land in fair proportion.

(5) The responsible authority shall not approve of any plan of subdivision of land if the only access to

a road from any parcel proposed to be created thereby is to a road marked by black diagonal hatching on the scheme map.

Development of certain land - Liverpool Road, Enfield 78A Nothing in this Ordinance prevents a person, with the consent of the Council, from carrying out

development on the land being No. 226 Liverpool Road, Enfield, and being Lot A in D.P. 188163, for the purpose of using the existing building on the land for marriage and family counselling and associated offices for the Marriage Guidance Council of New South Wales subject to the following requirements:

(a) no alterations, additions, extensions, demolition or other activity which affects or is likely to affect

aesthetically or otherwise the appearance or character of the building being carried out without consent, and any addition or alterations not causing the ratio of the total floor space of the building to the site area to exceed 0.37:1;

(b) no vehicular entrance being provided in Liverpool Road or within 32 metres of this main road;

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(c) no car parking being provided in front of the building on the Liverpool Road frontage, other than for three spaces in the northwestern corner of the site;

(d) adequate on-site car parking being provided for as many motor vehicles as the Council may

determine; and

(e) the site being landscaped and that landscaping being maintained to the satisfaction of the council.


Development of certain land - Elsie Street, Burwood 78B (1) This clause applies to the land having frontage to Nos. 2-26 Elsie Street and bounded by Victoria

Street West, George Street West and Dunn’s Lane, Burwood.

(2) A person shall not carry out development on the land to which this clause applies for the purpose of a club, tavern or hotel.


78C Inserted 6.5.83; Repealed 10.4.87 Development for certain additional purposes 78D Nothing in this Ordinance prevents a person with the consent of the Council, from carrying out

development on land referred to in Schedule 8 for a purpose specified in relation to that land in that Schedule, subject to such conditions, if any, as are so specified.


Development of certain land - Gloucester Avenue, Burwood LEP 23 – Gazetted 27.8.93

Development of land at Webb Street, Croydon 78DA (1) This clause applies to land known as No. 10 Webb Street, on the corner of Webb and Boundary

Streets, Croydon, and identified as site 4 on sheet 4 of the map marked “Greater Metropolitan Regional Environment Plan No. 1 - Redevelopment of Urban Land” deposited in the head office of the Department of Planning.

(2) The objective of this clause is to implement the aims and objectives of Greater Metropolitan

Regional Environmental Plan No. 1 - Redevelopment of Urban Land for the land to which this clause applies.

(3) Despite any other provision of this Ordinance:

(a) the Minister is the responsible authority for the land to which this clause applies; and

(b) a reference in this Ordinance to the Council or the responsible authority in relation to the

development of that land is taken to be a reference to the Minister.

(4) Despite any other provisions of this Ordinance, development of land to which this clause applies may be carried out for the purposes of:

(a) residential flat buildings which contain more than 2 storeys; and

(b) a convenience store (meaning a shop selling a variety of small consumer goods, whether

or not other goods are available for hire at the shop), having a gross floor area not exceeding 150 square metres; and

(c) public or private open space and recreation facilities,

but only with the consent of the responsible authority.

(5) Before granting consent to the carrying out of development of land to which this clause applies,

the responsible authority must consider:

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(a) whether the height, scale, bulk, arrangement and massing of buildings and works that will result from the carrying out of the proposed development will be of a scale, character and diversity appropriate to the locality and characteristics of the site; and

(b) whether the proposed development is likely to generate traffic and, if so, whether it will

implement a traffic management plan which identifies potential adverse traffic impacts from the proposed development and the means to ameliorate them; and

(c) whether the proposed development will ensure that any filling is adequately compacted

so that significant subsidence and settling should not occur; and

(d) whether the proposed development should not be allowed to commence until arrangements which are satisfactory to servicing agencies that the responsible authority considers relevant have been made for the supply of services such as water, sewerage, gas, electricity and drainage.

(6) A person must not, on so much of the land to which this clause applies as is unhealthy building

land (within the meaning of the Unhealthy Building Land Act 1990) and described in the notice under section 55 of the Public Health Act 1902 published in Gazette No. 37 of 4 March 1983 at page 1019:

(a) disturb or excavate any land for any purpose; or

(b) carry out any land filling; or

(c) clear trees or other vegetation from the land; or

(d) carry out any work; or

(e) alter the landscape or carry out any landscaping,

except with the consent of the responsible authority.

(7) The responsible authority must not consent to the carrying out of any development (other than

subdivision) of land to which this clause applies that is land known by the responsible authority to require remediation unless the consent is subject to conditions:

(a) requiring remediation of the land in a manner acceptable to the Environment Protection

Authority; and

(b) prohibiting the construction or erection of a building or the carrying out of a work on any part of that land pursuant to the consent until the Authority has advised the responsible authority that, according to a report provided by a consultant recognised by the Authority, the part of the land has been remediated in accordance with the ANZECC and NH&MRC Guidelines to the extent necessary for the proposed development.

This subclause does not prevent the imposition of other kinds of conditions on such a consent or limit the extent of the conditions that may be imposed on such a consent.

(8) Subclauses (6) and (7) do not apply to any land to which this clause applies after the

Environment Protection Authority has advised the responsible authority about remediation of the land as referred to in subclause (7)(b).

(9) In this clause, “ANZECC and NH & MRC Guidelines” means the Australian and New Zealand

Guidelines for the Assessment and Management of Contaminated Sites jointly developed by the Australian and New Zealand Environment and Conservation Council (ANZECC) and the National Health and Medical Research Council (NH&MRC) published in January 1992.

Greater Metropolitan REP No. 1 – Gazetted 24.12.93

Development of certain land - Parramatta Road, Philip Street and Wentworth Road, Strathfield 78E (1) This clause applies to the land to which Burwood Local Environmental Plan No. 24 applies.

(2) Nothing in this prevents, with the consent of the Council, comprehensive redevelopment of the land to which this clause applies for the purposes of mixed development after the land has been consolidated into one allotment.

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(3) Nothing in this plan prevents, with the consent of the Council, the carrying out of development for the purposes of a dwelling-house on any existing lots the subject of this clause, or development for the purpose of a residential flat building on the land known as 448-458 Parramatta Road.

(4) The ratio of total floor space of any building or buildings erected or proposed to be erected for

the purpose of mixed development on land to which this clause applies to the area of that land shall not exceed 1:1, despite clauses 55 and 66.

(5) Development on land to which this clause applies for the purpose of a residential flat building

shall not be carried out unless:

(a) the area of the site is not less than the total of the areas specified in Column II of the Table to clause 66 where appearing opposite Zone No. 2 (c1) in respect of each large, medium and small dwelling;

(b) there is provided a landscaped area of not less than the total of the areas specified in

Column III of the Table to clause 66 where appearing opposite Zone No. 2 (c1) in respect of each large, medium and small dwelling;

proposed to be contained within the building.

(6) No new building to be used for purposes other than a dwelling, dwelling-house or residential flat

building shall be erected closer than 6 metres to the boundary with any adjacent land that is in a residential zone.


Development of certain land - Tangarra Street, Croydon Park 78F (1) This clause applies to land known as 2A Tangarra Street (East), Croydon Park, as shown edged

heavy black on the map marked “Burwood Local Environmental Plan No. 25” deposited in the office of the Council.

(2) A person shall not carry out development on the land to which this clause applies if the

development results in a building which exceeds 2 storeys in height. LEP 25 – Gazetted 1.11.93

Development of certain land - Railway Parade, Burwood 78G (1) This clause applies to the land to which Burwood Local Environmental Plan No. 26 applies, being

land known as 2 Railway Parade, Burwood, as shown edged heavy black on the map marked “Burwood Local Environmental Plan No. 26” deposited in the offices of the Council.

(2) Nothing in this clause prevents a person, with the consent of the Council, from carrying our

development to which this clause applies for the purpose of a residential flat building or mixed development.

(3) The ratio of total floor space of any residential flat building or buildings erected or proposed to be

erected on land to which this clause applies to the area of that land shall not exceed 3.2:1.

(4) The ratio of so much of total floor space of any building or buildings erected or proposed to be erected on land to which this clause applies and is to be used for the purpose of mixed development to the area of that land shall not exceed 2.5:1 despite clauses 55 and 66.



Development of certain land – 20 Belmore Street, Burwood 78H (1) This clause applies to the land to which the Burwood Local Environmental Plan No. 36 applies

being land known as 20 Belmore Street, Burwood, as shown edged heavy black on the map marked “Burwood Local Environmental Plan No. 36” deposited in the offices of the Council.

(2) A person shall not carry out development on land to which this clause applies if the development

results in a building which exceeds 6 storeys in height; (3) The minimum site area required for each dwelling shall be 94m2;

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(4) The minimum landscaped area to be provided for each dwelling shall be 19m2 as per the

definition of landscaped area in the Burwood Planning Scheme Ordinance. LEP 36 – Gazetted 26.9.97

Development of certain land – No. 12 Everton Road, Strathfield 78I Despite any other provisions in this ordinance, a person may, with the consent of the Council, carry out

development on land known as 12 Everton Road, Strathfield, as shown edged heavy black on the map marked “Burwood Local Environmental Plan No. 41” deposited in the office of the Council for the purpose of a residential flat building, but only if:

(a) Building lines are set back a minimum of:

(i) 6 metres from the Everton Road, Everton Lane and eastern boundaries of the site; and

(ii) 4 metres from the Railway Avenue boundary; and

(b) any sub-basement car park is no greater than 18 metres in width and is set back a minimum of: (i) 6 metres from the Everton Road and Everton Lane boundaries; and (ii) 3 metres from the eastern boundary; and

(c) the height of the building measured from the Everton Road boundary does not exceed:

(i) 10 metres in height (3 storeys residential with sub-basement carparking) within 22 metres of the Everton Road boundary; and

(ii) 10 metres in height (3 storeys residential with sub-basement carparking) within 8 metres of the Everton Lane boundary; and

(iii) 19 metres in height (6 storeys residential with sub-basement carparking) on nay other part of the land; and

(d) the land between the building lines and boundaries is landscaped with sufficient trees and

shrubs to the satisfaction of Council; and (e) parking is provided at a minimum of one space per 2-bedroom flat, 1.25 spaces per 3-bedroom

flat and 0.25 space per flat for visitor parking. LEP 41 – Gazetted 11.6.99

Development of certain land – Nos. 1-3 Byer Street, Enfield 78J (1) This clause applies to Lot D, DP 369789 and Lot B, DP 342989 fronting Byer Street, Enfield, as

shown edged heavy black on the map marked “Burwood Local Environmental Plan No. 45” deposited in the office of the Council.

(2) A person may, with the consent of the Council, carry out development on the land for the purpose

of residential flat buildings, but only if the Council is satisfied that:

(a) The maximum number of storeys in any building will not exceed 3 above the natural ground level; and

(b) The height of the building (measured to the upper most ceiling) will not exceed RL 48.1 AHD; and

(c) The building will be setback a minimum of: (i) 2 metres from the south-western boundary; and (ii) 3.6 metres from the north-western boundary; and (iii) 6 metres from south-eastern boundary of Byer Street; and

(d) the land between the building and boundary will be adequately landscaped; and

(e) vehicular access will only be from the south-eastern portion of Byer Street. LEP 45 – Gazetted 6.8.99

Development of certain land – No. 59 Park Road and Lot 1, DP 826403

78K (1) This clause applies to Lot 1, DP 826403 and Lot 1, DP 615429 fronting Park Road, Burwood, as

shown edged heavy black on the map marked “Burwood Local Environmental Plan No. 49” deposited in the office of the Council.

(2) A person may, with the consent of the Council, carry out development on the land for the purpose

of residential flat buildings, but only if the Council is satisfied that:

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(a) the maximum number of storeys above the natural ground level in any building will not

exceed 2 plus an attic, and

(b) the building will be set back a minimum of: (i) 4.5m from the northern boundary; and (ii) 4.7m from the southern boundary of Lot 1, DP 826403, and (iii) 6.0m from the western boundary, and (iv) 15m from Park Road, and

(c) Lot 1, DP 826403 will not to be built upon and will only be used for vehicular access purposes, and

(d) the land between the building and boundary, excluding Lot 1, DP 826403, will be adequately landscaped.

LEP 49 – Gazetted 12 April 2001

Development of certain land – No. 59 Wentworth Road, Strathfield 78L (1) This clause applies to Lot D, DP595964, as shown edged heavy black on the map marked

“Burwood Local Environmental Plan No. 51” deposited in the office of the Council.

(2) A person may, with the consent of the Council, carry out development on the land for the purposes of commercial offices, professional consulting rooms and health care professional use without a residential component.

(3) The Council may consent to the carrying out of that development only if satisfied that:

(a) the use is in accordance with a Conservation Management Plan prepared by a Heritage Consultant ensuring proper repair, maintenance and conservation of the fabric of the building including internal fittings, fixtures, ceilings and boundary fencing;

(b) the granting of consent to the use ensures that all necessary conservation work identified in the Conservation Management Plan is carried out;

(c) the colour, texture and finishes of any material compliments the cultural and architectural significance of the building;

(d) the maximum number of professionals and employees is limited to six (6); (e) there is provision for three (3) car parking spaces at the fore-court of the property; (f) adequate landscaping and planting between the building and site boundaries is

maintained; and (g) the location of any identification sign or notice does not adversely impact on the

significance of the building and any such sign or notice is limited to a maximum area of 0.3m2.


Development of certain land – Lucas and Cheltenham Roads Precinct, Burwood/Croydon 78M (1) This clause applies to the land known as the Lucas and Cheltenham Roads Precinct, as shown

edged heavy black on the map marked “Burwood Local Environmental Plan No. 52” deposited in the offices of the Council.

(2) A person shall not carry out development on land to which this clause applies if the development

results in a building which exceeds 1 storey in height. LEP 52 – Gazetted 16.3.01

Continued use of land, 84 Queen Street, Croydon 78N (1) This clause applies to land to which Burwood Local Environmental Plan No. 53 applies, being

land known as 84 Queen Street, Croydon, as shown edged heavy black on the map marked “Burwood Local Environmental Plan No. 53” deposited in the office of the Council.

(2) Nothing in this Ordinance prevents the use of a building existing on the land to which this clause

applies at the time Burwood Local Environmental Plan No. 53 commenced for the purpose of a convent.


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Subdivision Development Standards 78P (1) This clause applies to land within Zone No 2 (a).

(2) Land to which this clause applies must not be subdivided unless each separate allotment created by the subdivision: (a) in the case of a hatchet-shaped (battleaxe) allotment:

(i) has an area of not less than 660 square metres (exclusive of the access corridor), and

(ii) has an access corridor not less than 3.6 metres wide, and (b) in any other case:

(i) has an area of not less than 560 square metres, and (ii) is not less than 15 metres wide at the front alignment of any dwelling to be erected

on the allotment. (3) Land to which this clause applies must not be subdivided unless each separate allotment

created by the subdivision has a boundary facing onto a public road. LEP 56 – Gazetted 17.5.02

Subdivision of dual occupancy development 78Q Consent must not be granted for a subdivision (including a strata subdivision) on an allotment within Zone

No 2 (a) that creates separate allotments for each of the two dwellings resulting from a dual occupancy development.


Development of certain land – Liverpool Road, Burwood 78R (1) This clause applies to land to which Burwood Local Environmental Plan No 57 applies, being land

known as Lot 1, DP 576105 and Lots 1 and 2, DP 553295, Burwood, as shown edged heavy black on the map marked “Burwood Local Environmental Plan No 57” deposited in the office of the Council.

(2) The Council must not give consent for development on land to which this clause applies unless it has had regard to the masterplan entitled Urban Design Review Recommended Building Envelopes 320a-338 Liverpool Road Enfield Lot 1 DP 576105, Lots 1 & 2 DP 553295, prepared by the Urban Design Advisory Service and dated November 2001, with the amendments adopted by the Council on 15 January 2002.

(3) The elevation of any building or part of a building fronting Liverpool Road must not exceed 6 storeys above footpath level.

(4) The elevation of any building or part of a building fronting Cervetto Lane (off Byer Street) must not exceed 5 storeys above the natural ground level.

(5) The floor space ratio of any development on the land to which this clause applies must not exceed 3.47:1.

(6) The non-residential component of any building or part of a building fronting Liverpool Road must be located above the ground floor.


Development of certain land – 1-3 Tangarra Street, Croydon Park 78S (1) This clause applies to land to which Burwood Local Environmental Plan No 59 applies, being land

known as 1-3 Tangarra Street, Croydon Park, as shown edged heavy black and hatched on the map marked “Burwood Local Environmental Plan No 59” deposited in the office of the Council.

(2) Despite clause 78Q, dual occupancy development on the land to which this clause applies may

be strata subdivided with the consent of the Council. LEP 59 – Gazetted 8.4.05

Development of certain land – 462 Georges River Road, Croydon Park 78T (1) This clause applies to land known as 462 Georges River Road, Croydon Park, being Lot 2, DP

539495, as partly shown coloured pink with red edging and lettered “2(b2)” and partly shown coloured yellow and lettered “Special Uses 5(a) – Municipal Purposes” on the map marked “Burwood Local Environmental Plan No 70” deposited in the office of the Council.

(2) Nothing in this Ordinance prevents, with the consent of the Council, the use of so much of the

land as is within Zone No 2(b2) for the following purposes:

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(a) pedestrian and vehicular access to so much of the land as is within Zone No 5(a) (Municipal Purposes),

(b) car parking associated with so much of the land as is within Zone No 5(a) (Municipal Purposes).


Development of certain land – 1 Railway Parade, Burwood 78U (1) This clause applies to land known as 1 Railway Parade, Burwood, being Lots 14 and 15 DP

749949. (2) Nothing in this Ordinance prevents, with the consent of the Council, the carrying out of

development on the land to which this clause applies for any of the following purposes:

(a) commercial premises,

(b) mixed development,

(c) residential flat buildings,

(d) shops.

(3) The ratio of total floor space of all buildings erected or proposed to be erected on the land to which this clause applies to the area of that land is not to exceed 5:1.

(4) The ratio of total floor space of any residential flat buildings erected or proposed to be erected on

the land to which this clause applies to the area of that land is not to exceed 3.5:1.

(5) The ratio of total floor space of any buildings erected or proposed to be erected on the land to which this clause applies for the purposes of commercial premises or shops to the area of that land is not to be less than 1:5.

(6) Development must not be carried out on the land to which this clause applies if it results in a

building that exceeds 17 storeys in height.

(7) State Environmental Planning Policy No. 1 – Development Standards does not apply to a development standard imposed by this clause.

SEPP (Major Projects) 2005 (Amendment No. 23) - Gazetted 7.9.07

Historic buildings 79. (1) This clause applies to the buildings or structures listed on the scheme map under the heading of

“Schedule of Historic Buildings or Structures” as detailed below:

SCHEDULE OF HISTORIC BUILDINGS OR STRUCTURES

No. on Plan Description of Building Address 1 Burwood Council Office (1887 Building only) 2 Conder Street, Burwood 2 “Aberfoyle” 24 Gordon Street, Burwood 3 “Claremont” 2 Ethel Street, Burwood 4 “Gasgoyne” 22 Gordon Street, Burwood 5 Congregational (Uniting) Church and Church Hall Burwood Road, Burwood 6 “Elim” formerly “Tanilba” (Original Sulman Building only) 83 Shaftesbury Road, Burwood 7 House 63 Lucas Road, Burwood 8 Burwood Public School (Original 1871 Schoolhouse only) 1-3 Conder Street, Burwood 9 “Rossmoyne” formerly “Tulloona” 48-50 Park Road, Burwood

10 “Wellings” and Gatehouse 4 Woodside Avenue, Burwood 11 “St Cloud” 223 Burwood Road, Burwood 12 Former School of Arts 5 Conder Street, Burwood 13 St Nectarious Greek Orthodox Church (formerly Methodist) 26 Railway Parade, Burwood 14 House 40 Wentworth Road, Burwood 15 “Woodstock” (now Council reserve – House only) 18-30 Church Street, Burwood 16 Burwood Post Office 170 Burwood Road, Burwood 17 “Rose Hall” 40 Lennartz Street, Enfield 18 St Thomas’ Church of England and Cemetery Coronation Parade, Enfield 19 “Valdemar” 206 Wentworth Road, Enfield 20 “Cicada” 74 Queen Street, Croydon

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SCHEDULE OF HISTORIC BUILDINGS OR STRUCTURES

No. on Plan Description of Building Address 21 Croydon Public School (Main 1884 Building only) Corner Young and Boundary Streets, Croydon 22 “Grantham” 21 Grantham Street, Strathfield 23 “Helikon” 33 Roberts Street, Strathfield 24 Santa Sabina Convent (Façade only from Former Sydney Bank) Corner Boulevarde & Jersey Road, Strathfield 25 Santa Sabina Convent (original Main Convent Building only) The Boulevarde, Strathfield

(2) No alteration, addition, extension, demolition or other activity that affects or is likely to affect,

aesthetically or otherwise, the appearance or the character of a building or structure to which this clause applies shall be carried out without the consent of the Council.

Appian Way & Malvern Hill Conservation Areas 79A (1) In this clause -

“Conservation Area” means the land edged blue and marked “Conservation Area on the map marked “Burwood Local Environmental Plan No. 10” and on the map marked “Burwood Local Environmental Plan No. 11” deposited in the office of the Council;

“demolition”, in relation to a building or work, means the damaging, defacing, destruction, pulling down or removal of that building or work, in whole or in part;

“renovation”, in relation to a building or work, means -

(a) the making of structural changes to the inside or outside of the building or work, or

(b) the making of non-structural changes to the fabric or appearance of the outside of the building or work, including changes that involve the repair, or the painting, plastering or other decoration, of the outside of the building or work.

(2) A person shall not -

(a) demolish, renovate or erect a building or work; or

(b) excavate any land, or carry out any development in relation to land, on which a building or work is situated,

within the Conservation Area, except with the development consent of the Council.

(3) The Council shall not grant consent as referred to in subclause (2) in respect of a building or work unless it has made an assessment of -

(a) the significance of the building or work to the heritage of the Municipality of Burwood;

(b) the extent to which the carrying out of development in accordance with the consent

would affect the historic, scientific, cultural, social, architectural or aesthetic significance of the building or work or its site or of the Conservation Area;

(c) whether any stylistic, horticultural or archaeological features of the building or work or its

site should be retained; and

(d) whether the buildings or work constitutes a danger to the users or occupiers of the building or work or to the public.

(4) The Council shall not grant consent as referred to in subclause (2) to the renovation of a building

unless it has made an assessment of -

(a) the pitch and form of the roof, if any, of the building;

(b) the style, size, proportion and position of opening for any windows and doors in the building which will result from, or be affected by, the carrying out of the development; and

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(c) the colour, texture, style, size and type of finish of any materials to be used on the exterior of the building and the effect which the use of those materials will have on the exterior of the building and of any other building in its vicinity.

(5) A fence shall not be erected between the alignment of a road (other than a rear lane) and the

building alignment of land within the Conservation Area, except with the development consent of the Council.

(6) The Council shall not grant consent as referred to in subclause (5) to the erection of a fence on

any site unless it has made an assessment of -

(a) the colour, texture, style, size, proportion and type of finish of any materials to be used for the fence and whether or not those materials are complementary to the materials used in any building on that site and those used in other buildings in its vicinity; and

(b) the extent to which the erection of a fence in accordance with the consent would affect

the historic, scientific, cultural, social, architectural or aesthetic significance of the site or any building or work on the site or of the Conservation Area.

(7) The Council shall not consent to development within the Conservation Area unless a statement is

submitted with the application -

(a) demonstrating that consideration has been given to the conservation and the environmental heritage significance of the building, work or land the subject of the application;

(b) setting out any steps to be taken to mitigate any impact on the environmental heritage

significance of the building, work or land; and

(c) describing the significance of that building, work or land as part of the environmental heritage of the Municipality of Burwood.

(8) The Council shall not consent to the carrying out of development in the vicinity of the

Conservation Area unless it has made an assessment of the effect which the carrying out of that development would have on the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the Conservation Area.

(9) Except as provided by subclause (10) pursuant to section 30 (4) of the Environmental Planning

and Assessment Act, 1979, the provisions of section 84, 85, 86, 87 (1) and 90 of that Act apply to and in respect of the demolition of a building or work within the Conservation Area in the same way as those provisions apply to and in respect of designated development.

(10) The provisions of section 84 (4) of the Environmental Planning and Assessment Act, 1979 do not

apply as referred to in subclause (9) to the extent that they require the notice referred to in those provisions to contain a statement to the effect that the development application referred to in the notice and the documents accompanying that application may be inspected at the office of the department.


(11) Subclause (9) does not apply to the partial demolition of a building or work where, in the opinion

of the Council, the partial demolition is of a minor nature and does not adversely affect the significance of the building or work as part of the Conservation Area and the environmental heritage of the Municipality of Burwood.


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PART VIIA Items and areas of heritage conservation 79B In this Part -

“alter”, in relation to a heritage item or to a building or work within a Conservation Area, means - (a) the making of structural changes to the outside of the heritage item, building or work; or (b) the making of non-structural changes to the detail, fabric, finish or appearance of the

outside of the heritage item, building or work not including the maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.

“conservation area” means an area of heritage significance, being any land shown by distinctive edging on the map marked “Heritage Conservation”; and the land shown edged in heavy black and diagonally hatched on the map marked ‘Burwood Local Environmental Plan No 61’ and the land shown edged heavy black on the map marked ‘Burwood Local Environmental Plan No 72’.

LEP 61 – Gazetted 15.10.04; LEP 72 – Notified 20.08.10

“demolition”, in relation to a heritage item or to a building or work within a conservation area, means the damaging, defacing, destruction, pulling down or removal of the heritage item, building or work, in whole or in part;

“heritage item” means a building, work, relic, tree, garden or place of heritage significance to the Municipality of Burwood -

(a) situated on land edged heavy black on the map marked “Heritage Conservation”; or (b) described in Schedule 9;

“heritage significance” means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance;

“relic” means any deposit, object or material evidence relating to the settlement (including Aboriginal habitation) of the area of the Municipality of Burwood which is 50 or more years old;


Development of certain land – Georges River Road, Croydon Park 79B (1) This clause applies to land shown edged heavy black on the map marked “Burwood Local

Environmental Plan No 48 – Sheet 4” deposited in the office of the Council. (2) A person must not carry out development on land to which this clause applies for the purpose of

a residential flat building (other than units for aged persons, duplex flats, maisonettes, semi-detached cottages, terrace buildings, group houses, villa homes, town houses and the like).


Development of heritage items 79C (1) a person shall not, in respect of a building, work, relic, tree, garden or place that is a heritage

item -

(a) demolish that building or work; or

(b) damage or despoil that relic, tree, garden or place; or

(c) move that relic or excavate any land for the purpose of exposing or moving that relic,

except with the consent of the Council.

(2) The Council shall not grant consent to a development application in respect of a heritage item unless it has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the item and any stylistic or horticultural features of its setting.


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Development in the vicinity of heritage items 79D. The Council shall not grant consent to an application to carry out development on land in the vicinity of a

heritage item unless it has made an assessment of the effect the carrying out of that development will have on the heritage significance of the item and its setting.


Conservation areas 79E. (1) A person shall not, in respect of a conservation area -

(a) demolish or alter a building or work within the area;

(b) damage or move a relic, including excavate for the purpose of exposing or removing a relic, within the area;

(c) damage or despoil a place or tree or garden within the area; or

(d) erect a building on or subdivide land within the area,

except with the consent of the Council.

(2) The Council shall not grant consent to a development application in respect of a conservation

area unless it has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the conservation area.

(3) The Council shall not grant consent to a development application to erect a new building or to

alter an existing building within a conservation area, unless the Council has made an assessment of –

(a) the pitch and form of the roof; (b) the style, size, proportion and position of the openings for windows and doors; and (c) whether the colour, texture, style, size and type of finish of the materials to be used on

the exterior of the building are compatible with the materials used in the existing buildings in the conservation area.

(4) Nothing in clause 9 or 10 of State Environmental Planning Policy No. 4 - Development Without

Consent authorises the carrying out of development referred to in subclause (1) without the need to obtain development consent.


Heritage advertisements and notification 79F. (1) Except as provided by subclause (2), the provisions of sections 84, 85, 86, 87(1) and 90 of the

Environmental Planning and Assessment Act 1979 apply to and in respect of -

(a) the demolition of a building or work that is a heritage item; and

(b) the demolition of a building or work within a conservation area,

in the same way as those provisions apply to and in respect of designated development.


(3) Subclause (1) does not apply to the partial demolition of a heritage item or a building or work within a conservation area if, in the opinion of the Council, the partial demolition will be of a minor nature and will not adversely affect the heritage significance of the heritage item, building or work in relation to the Municipality of Burwood.


Note: The website of the Heritage Branch of the Department of Planning has publications

that provide guidance on the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).

SEPP (Repeal of Concurrence and Referral Provisions) 2008 – Gazetted 12.12.2008

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PART VIII

General Development permitted 80. Nothing in this Ordinance shall be construed as restricting or prohibiting or enabling the responsible

authority to restrict or prohibit -

(a) the carrying out of development specified in Schedule 7; (b) the use, by the Crown, of existing buildings of the Crown; or (c) home occupations, other than within Zones No. 2 (c1) and 2 (c2).

Rights etc., under County of Cumberland Planning Scheme 81. The revocation, pursuant to section 342L (2) (d) of the Act of the County of Cumberland Planning Scheme

to the extent to which it applies in respect of land within the Municipality of Burwood shall not affect -

(a) the preservation, continuance or enforcement of any right, privilege, obligation or liability acquired, accrued or incurred under that Scheme in respect of any land to which this Ordinance applies before that revocation; or

(b) the taking of legal proceedings in respect of any offence under that Scheme committed in respect

of any land to which this Ordinance applies before that revocation Application of scheme to development incomplete at commencement of scheme 82. Nothing in this Ordinance shall prevent the erection of a building, the carrying out of any work or the use

of a building or work in accordance with the terms of the Town and Country Planning (General Interim Development) Ordinance or of any permission or modification thereof granted under Division 7 of Part XIIA of the Act and under that Ordinance or under an interim development order made under Division 7 Part XIIA of the Act which permission has not been revoked, or of any consent granted under the County of Cumberland Planning Scheme if the erection of the building or the carrying out of the work was commenced, but not completed, before the appointed day or is substantially commenced within a period of 12 months after that day.

Application of scheme to development before commencement of scheme 83. Any development which was carried out otherwise than in accordance with the terms of the Town and

Country Planning (General Interim Development) Ordinance or of Division 7 of Part XIIA of the Act, or of an interim development order made under that Division, or otherwise than in accordance with the County of Cumberland Planning Scheme and which does not conform with this Ordinance shall be deemed to be in contravention of this Ordinance.

Fulfilment of conditions 84. Where permission to erect any building or carry out any work or to use any building, work or land or to do

any other Act or thing has been granted under the terms of the Town and Country Planning (General Interim Development) Ordinance or of any permission or modification thereof granted under Division 7 of Part XIIA of the Act or under any Ordinance or interim development order made under that Division or any consent for any such purpose has been granted under the County of Cumberland Planning Scheme, and conditions have been imposed which are not inconsistent with any provisions of this Ordinance, the conditions shall have effect as if they were conditions imposed under this Ordinance and may be enforced accordingly.

Leasing of certain lands 85. (1) Where the responsible authority has acquired any land for any purpose under this Ordinance and

where it appears to the responsible authority that the purpose cannot be carried into effect within a reasonable time after acquisition, the responsible authority may let the land by way of lease under and subject to the provisions of the Act.

(2) In the case of land acquired for the purpose of a main road, the consent of the Commissioner for

Main Roads to the lease shall be obtained before the land is let.

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(3) In fixing the term of a lease referred to in subclause (1), regard shall be had to the time when the

land is likely to be required for the purpose for which it was acquired or the time when the purposes of the acquisition are likely to be carried into effect.

(4) A lease referred to in subclause (1) may authorise the erection of buildings, the carrying out of

works and the making of excavations for any purpose but in any case where that purpose is inconsistent with the purposes for which the land is reserved or zoned under this Ordinance, the lease shall require the removal of any such buildings or works or the reinstatement of the land before the end of the term of the lease.

Suspensions of Acts, covenants, etc 86. (1) In respect of land included within any zone, the operation of section 4D of the Housing Act, 1912,

and of any notification made under that section is hereby suspended to the extent to which any such notification is inconsistent with any of the provisions of this Ordinance or with any consent given under this Ordinance.

(2) The operation of section 309 of the Act, Schedule 7 to the Act and any proclamation made

thereunder is hereby suspended to the extent to which the provisions of that section, that Schedule or any such proclamation are inconsistent with any of the provisions of this Ordinance or with any consent given thereunder.

(3) In respect of land included within any zone, other than land within Zone No. 2 (a), 2 (b1), 2 (b2),

2 (c1) or 2 (c2) but excepting from these zones lots 10 to 14 inclusive in Deposited Plan No. 10184, the operation of any covenant, agreement or instrument imposing restrictions as to the erection or use of buildings for certain purposes or as to the use of land for certain purposes is hereby suspended to the extent to which that covenant, agreement or instrument is inconsistent with any of the provisions of this Ordinance or with any consent given under this Ordinance.

(4) Nothing in subclause (3) affects the rights or interests of any statutory authority under any

registered instrument. Plans of subdivision 87. The Council shall retain and catalogue a copy of every plan of subdivision approved by it and, upon

registration of each such plan in the office of the Registrar General, shall clearly mark on a copy of a map of its area the location of the land to which that plan relates with a reference to the catalogued copy.

Classification and reclassification of public land 88. (1) The objective of this clause is to enable the Council, by means of this Ordinance, to classify or

reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.

Note. Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Ordinance to discharge trusts on which public reserves are held if the land is reclassified under this Ordinance as operational land.

(2) The public land described in Part 1 or 2 of Schedule 12 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(3) The public land described in Part 3 of Schedule 12 is classified, or reclassified, as community

land for the purposes of the Local Government Act 1993.

(4) The public land described in part 1 of Schedule 12:

(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and (b) continues to be affected by any trusts, estates, interests, dedications, conditions,

restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

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(5) The public land described in part 2 of Schedule 12, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant classification Plan and, by the operation of that Plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:

(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 12, and (b) any reservations that except land out of the Crown grant relating to the land, and (c) reservations of minerals (within the meaning of the Crown Lands Act 1989).

(6) In this clauses, the relevant classification Plan, in relation to land described in Part 2 of Schedule

12, means the environmental planning instrument that inserted that description of land into that Part.

(7) Before the relevant classification Plan inserted a description of land into Part 2 of Schedule 12,

the Governor approved of subclause (5) applying to the land. LEP 69 – Gazetted 10.11.06

Review 89. Omitted SEPP (Repeal of Concurrence and Referral Provisions) 2008 – Gazetted 12.12.2008 90. Repealed 5.3.82

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SCHEDULE 1 Clause 24 Agency offices other than offices of the Totalizator Agency Board. Banks Bread, cake or pastry shop Butcher's shop Chemist’s shop Clothing shop Confectionery shop Crockery shop Delicatessen Drapery shop Electrical appliances shop Finance and property company premises Florist's shop Footwear shop Friendly or benefit society premises Fruit and vegetable shop Furniture shop Gas appliances shop Gift shop Grocery and health food shop Hardware shop Insurance offices Jewellery and watchmaker's shop Leather goods and travel goods shop Musical instrument shop Optical goods shop Philatelist's shop Photographic apparatus and material shop Professional chambers Small arms and ammunition shop Smallgoods shop Sports requisites shop Stationery shop (books and newspapers) Tobacconist's and hairdresser's shop Wine and spirit merchant's shop

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SCHEDULE 2 Clause 24 Beauty salon Boot and shoe repairing Dressmaking Dry-cleaning and dyeing agency Hairdressing salon Home industry Lending library Maintenance and repair of electrical appliances or fittings Photographic studio Professional chambers Professional consulting rooms Refreshment rooms Self service coin operated laundry Service station Tailoring Totalizator Agency Board branch and agency premises

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SCHEDULE 3 Clause 24 Chemist's shop Confectionery shop and milk bar Fish and chip shop Fruit shop Newsagent's shop Opportunity shop Pet Shop (LEP 29 – Gazetted 24.3.95) Smallgoods and sandwich shop Tobacconist's and hairdresser's shop

SCHEDULE 4 Clause 24 Boot and shoe repairing Bread, cake and pastry manufacture Builders supplies establishment and produce merchant Builder's yard Cabinet making Car parking station Car repair station Carriers' establishment Cycle and motor cycle repairing Dressmaking Dry cleaning and dyeing processing establishment Electrician's workshop Electrical or gas home appliance repair shop Fuel merchants establishment Instrument repair shop Laundry Locksmith Milk distributing depot Motor showroom Office machine and equipment repairing Painter's workshop Photographic and film developing Plumber's workshop Printing (jobbing) Ratio and television mechanic's workshop Rubber vulcanising and tyre retreading works Service stations Signwriter's workshop Tailoring Tool sharpening and grinding workshop Toy making Undertakers' establishment Upholstering Veterinary surgeons' establishment Any home industry not mentioned in this Schedule

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SCHEDULE 5 Clause 24 Abattoirs Agricultural machinery and implement manufacture Aluminium products manufacture Asbestos cement products manufacture Bag and sack (textile) manufacture Bicycle manufacture Boiler making Boiling down works Boot and shoe manufacture Brick, tile, pipe and pottery manufacture Cement products manufacture Condiment manufacture Electrical machinery manufacture (heavy) Electrical battery manufacture Extractive industry Fellmongery Fibrous plaster manufacture Fireclay products manufacture Glass products manufacture Grain milling Hardboard manufacture Heavy engineering Hot mix (bitumen) manufacture Lime storage Match manufacture Metal founding Motor body building Motor vehicle manufacturing and assembly Motor vehicle smash repairs Motor vehicle wrecking Offensive or hazardous industry Paint and varnish manufacture Plastics manufacture Ready mix concrete manufacture Rope and twine manufacture Rubber products manufacture Rubber reclamation Saw milling Steel products manufacture (heavy) Stone cutting and crushing Sugar refining Veneer manufacture Wire manufacture Wallboard manufacture Wheel manufacture Wool scouring

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SCHEDULE 6 Clause 52

Column I Column II

Property Description

69 Baker Street, Enfield

2 Brooklyn Street, Burwood






7A Brooklyn Street, Burwood



15 Church Street, Burwood

7 Cooper Street, Strathfield 9 Cooper Street, Strathfield

17 Ethel Street, Burwood 2 Faunce Street, Enfield

11 Gladstone Street, Burwood

15 Lucas Road, Burwood

15A Lucas Road, Burwood







37 Lucas Road, Burwood 47 Lucas Road, Burwood



5 Meryla Street, Burwood

7 Meryla Street, Burwood

18 Rockleigh Street, Croydon

1 Wallace Street, Burwood

5 Wyalong Street, Burwood

7 Wyalong Street, Burwood

Lot 9, section 4, Deposited Plan 671

Lots 17 and 18, section 3, Deposited Plan 1429



Part of lot 14, and lot 15, section 2 Deposited Plan 1429


Lot 13 and part of lot 14, section 2, Deposited Plan 1429

Part of lot 11 and lot 12, section 2, Deposited Plan 1429



Part of lot 3, part of lot 4 and lot 5, plan 3457(L)

Lots 33 and 44, Deposited Plan 1837 and lot X, Miscellaneous Plan of Subdivision (R.P.) 8462

Lots 1 and 2, Deposited Plan 1837

Part of lot 5, section 1, Deposited Plan 584 and lots A and B, Miscellaneous Plan of Subdivision (R.P.) 31922

Lots 10 and 11 Deposited Plan 43160

Lot 1, Deposited Plan 200568





Part of lot 8 and part of lot 27, section 2, Deposited Plan 637




Part of lot 10, lots 11 and 24 and part of lot 25, section 2, Deposited Plan 636



Lots 2 and 8, Deposited Plan 8730


Part of lot 5, lot 6 and part of lot 7, section 3, Deposited Plan 887

Lot 1 and part of an enclosed road, Deposited Plan 7426

Lot 8, Deposited Plan 15505 and Lot 9, Deposited Plan 1428



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SCHEDULE 7 Clause 80 (1) The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of -

(a) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant;

(b) the erection, within the limits of a railway station, of building for any purpose; and

(c) the erection, reconstruction and alteration of buildings for railway undertaking purposes within

Zone No. 5 (b) outside the limits of a railway station,

but excluding -

(d) the construction of new railways, railway stations and bridges over roads;

(e) the erection of any building on land not included within Zone No. 5 (b);

(f) the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration so as to affect materially the design of railway stations or bridges;

(g) the formation or alteration of any means of access to a road; and

(h) the erection, reconstruction and alteration of buildings for purposes other than railway purposes

where those buildings have direct access to a public place. (2) The carrying out by persons carrying on public utility undertakings being water, sewerage, drainage,

electricity or gas undertakings of any of the following development, being development required for the purpose of their undertakings -

(a) development of any description at or below the surface of the ground; (b) the installation of any plant inside a building or the installation or erection within the premises of

a generating station or substation established before the appointed day of any plant or other structures or erections required in connection with the station or substation;

(c) the installation or erection of any plant or other structures or erections by way of addition to or

replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housings, but not including the erection of overhead lines for the supply of water or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brickwork;

(d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of

electricity; (e) the erection of service reservoirs on land acquired or in the process of being acquired for the

purposes thereof before the appointed day, provided reasonable notice of the proposed erection is given to the responsible authority;

(f) any other development except the erection of buildings, the installation or erection of plant or

other structures or erections and the reconstruction or alteration, so as materially to affect, the design or external appearance thereof of buildings.

(3) The carrying out by persons carrying on public utility undertakings, being road transport undertakings on

land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plan, except -

(a) the erection of buildings and the reconstruction or alteration so as materially to affect the design

or external appearance thereof, of building; and (b) The formation or alteration of any means of access to a road.

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Schedule 7 continued (4) The carrying out by persons carrying on public utility undertakings, being air transport undertakings, on

land comprised in their undertakings within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except -

(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to

affect the design or external appearance thereof; and (b) the formation or alteration of any means of access to a road.

(5) The carrying out of any development required in connection with the improvement, maintenance or repair

of watercourses or drainage works and the construction by the Metropolitan Water Sewerage and Drainage Board of any stormwater channel commenced before the appointed day, provided the Board gives the responsible authority reasonable notice of its intention to construct such stormwater channel.

(6) The carrying out by the Metropolitan Water Sewage and Drainage Board of any development required in

connection with the provision, improvement, maintenance and repair of sewers (other than sewerage treatment works) upon, below or above the surface of the ground, provided the board gives the responsible authority reasonable notice of its intention to carry out such development.

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SCHEDULE 8 Clause 78D Lots 1-3 D.P. 70456 and part of lot 8 D.P. 76760, corner of Parramatta and Shaftesbury Roads, Burwood, as shown edged heavy black on the map marked “Burwood Local Environmental Plan No. 13” deposited in the office of the Council - drive-in convenience food store. LEP 13 – Gazetted 27.3.87

Lot A, D.P. 446007, and lot B, G777377 known as Nos. 320-324 Parramatta Road, Burwood, as shown edged heavy black on the map marked “Burwood Local Environmental Plan No 16, deposited in the office of the Council - refreshment room. LEP 16 – Gazetted 8.5.87

Land known as 77 Liverpool Road, Burwood, as shown edged heavy black on the map marked “Burwood Local Environmental Plan No. 22” deposited in the office of the Council - commercial premises. LEP 22 – Gazetted 18.9.92

Land known as 51-67 George Street (West), Burwood, as shown edged heavy black on the map marked “Burwood Local Environmental Plan No. 23” deposited in the office of the Council - commercial premises

(1) This clause applies to land known as 2-14 Gloucester Avenue, Burwood, as shown edged heavy black on the map marked “Burwood Local Environmental Plan No. 23” deposited in the office of the Council.



Lot 1, DP 715277 and Lot A, and Part Lot 1A, Sec 1, DP 556, known as 94-96 Shaftesbury Road and 17 Clifton Avenue, Burwood as shown edged in heavy black on the map marked “Burwood Local Environmental Plan No. 28” deposited in the office of the Council - club, car parking and landscaping. LEP 28 – Gazetted 8.4.94

Land known as 51-67 George Street (West), Burwood, as shown edged heavy black on the map marked “Burwood Local Environmental Plan No. 31” deposited in the office of the Council - refreshment room. LEP 31 – Gazetted 8.9.95

Part Lot X, DP 838, part lots 16,17 and 18, DP 838 and land in Certificate of Title Volume 7894 Folio 184, known as 1 and 1A Emu Street, Strathfield and 14 Angel Road, Strathfield, as shown edged heavy black on the map marked “Burwood Local Environmental Plan No. 32” deposited in the office of the Council - rehabilitation hospital. LEP 32 – Gazetted 24.5.96

Land known as 35A Murray Street, Croydon, as shown edged heavy black on map marked “Burwood Local Environmental Plan No. 33” deposited in the office of the Council - aged day care centre, being a building or place used for the care of aged persons, but not involving the provision of residential accommodation. LEP 33 – Gazetted 18.10.96

Land known as 31 Tangarra Street, Croydon Park, as shown edged heavy black on the map marked “Burwood Local Environmental Plan No. 34” deposited in the office of the Council - residential flat building LEP 34 – Gazetted 26.9.96

Land known as 197 Burwood Road, Croydon Park (Lot 91, DP 12912), as shown edged heavy black and hatched on the map marked “Burwood Local Environmental Plan No 67” deposited in the office of the Council – subdivision under the Conveyancing Act 1919 to create a separate lot for each of the 2 detached dwellings on the land. LEP 67 – Gazetted 6.8.04

Lot 1, DP 329914, 135–137 Liverpool Road, Burwood, as shown edged heavy black on the map marked “Burwood Local Environmental Plan No 71” deposited in the office of the Council — refreshment room. LEP 71 – Notified 25.6.10

Lot 2, DP 735711, 302-314 Parramatta Road, Burwood, as shown edged heavy black on the map marked “Burwood Local Environmental Plan No 73” deposited in the office of the Council — liquor store (including associated car parking and loading and unloading facilities). LEP 73 – Notified 27.4.12

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SCHEDULE 9

Heritage Items Clause 79B LEP 19 – Gazetted 21.7.89

Item No. Name & Address

1.100 Acton Street, 39, CROYDON, ‘Karingal’ Cottage & Garden 2.15 Angel Road, 20, STRATHFIELD, Victorian House 2.14 Angel Road, 22, STRATHFIELD, Victorian Villa 2.102 Angelo Street, 31, BURWOOD, ‘Glenrock’ 1.61 Archer Street, 9-13, BURWOOD, Worker's Cottages 3.73 Arthur Street, 10, CROYDON, Federation House & Garden 3.72 Arthur Street, 25, CROYDON, Federation House & Garden 3.41 Badminton Road, 20, CROYDON, ‘Carthona’ 3.40 Badminton Road, 23 & 29, CROYDON, Victorian Villas 3.38 Badminton Road, 43-45, CROYDON, ‘Ooma’ 3.31 Badminton Road to Culdees Road Conservation Area, 50-64 & 53 Arthur Street; 1-53 & 2-62

Badminton Road; 1-33 & 2-44 Claremont Road; 1-35 & 2-22 Culdees Road; 1-23 & 2-28 Kelso Street; 50-68 & 80-90 Liverpool Road CROYDON/ENFIELD

2.53 Belgrave Street, 12, BURWOOD, Victorian House 2.54 Belgrave Street, 37, BURWOOD, ‘Headingley’ 3.7 Belmore Street, 22 & 24, BURWOOD, ‘Orontes’ & ‘Monterey’ 2.74 Belmore Street, 47, BURWOOD, Masonic Temple 2.75 Belmore Street, 48, BURWOOD, St. James Church 1.93 Blair Avenue Conservation Area, Blair Avenue, 1-23, Acton Street, 59-63, CROYDON 2.95 Bold Street, 10, BURWOOD, Victorian House 2.96 Bold Street, 12, BURWOOD, Victorian House 3.69 Boronia Avenue Conservation Area, Boronia Avenue, 1-7 & 2-10, CROYDON 3.61 Brady Street, 2A, CROYDON, ‘Wainoni’ LEP 61 Brady Street, 26-32, CROYDON LEP 61 Brady Street, 35-39, CROYDON 1.85 Brand Street, 23, CROYDON, former Corner Shop 3.57 Brooklyn Street, 2-8, BURWOOD, Victorian Houses 3.56 Brooklyn Street, 15, BURWOOD, Federation House 3.52 Brooklyn Street, 16, BURWOOD, Federation House 3.5 Burleigh Street, 12-22, BURWOOD, Victorian Terraces 3.6 Burleigh Street, 24, BURWOOD, Burwood Police Station & Courthouse 1.48 Burwood Road, 12 & 14, BURWOOD, Semi-detached Houses 1.53 Burwood Road, 55, 57 & 59, BURWOOD, Shops - 1st Floor Façade 1.54 Burwood Road, 71-77, BURWOOD, Victorian Shops, 1st Floor Façade 1.51 Burwood Road, 90-98, BURWOOD, Victorian Shops 2.72 Burwood Road, 135-139, BURWOOD, Federation Shops, 1st Floor Façades 2.73 Burwood Road, 157-159, BURWOOD, Shops, 1st Floor Façades 3.1 Burwood Road, 166A, BURWOOD, Federation Shop, 1st Floor Façade 3.4 Burwood Road, 170-174, BURWOOD, Shops, 1st Floor Façades 2.76 Burwood Road, 171-171C, BURWOOD, Shops 2.80 Burwood Road, 171, 185D, 185E & 187, BURWOOD, Shop Façades 2.79 Burwood Road, 185-185A, BURWOOD, Shop, 1st Floor Façades 2.89 Burwood Road, 201 & 203, BURWOOD, Victorian Villas 2.90 Burwood Road, 205, BURWOOD, St Paul's Church 2.91 Burwood Road, 207, BURWOOD, St Paul's Rectory 2.97 Burwood Road, 213, BURWOOD, ‘The Priory’ 2.100 Burwood Road, 213C, BURWOOD, ‘Gayton’ 3.8 Burwood Road, 216-256, BURWOOD, Federation Shops, 1st Floor Façades 3.19 Burwood Road, 290, BURWOOD, ‘Deolee’ 2.85 Burwood Road Conservation Area, 201-229, 278-300 & 320 Burwood Road; 1-5 Duff Street; 34

Wyatt Avenue; 1A, 1B, 2 & 2A Minna Street; 17A Ethel Street; 75 & 77 Liverpool Road BURWOOD

1.30 Carilla Street, 1, BURWOOD, ‘Twickenham’ 2.46 Carlyle Street, 11, ENFIELD, Weatherboard House LEP 61 Cintra Estate Heritage Conservation Area, 12-34 Paisley Road,1-15 & 2-16 Rosa Street, 19-33 &

20-34 Fitzroy Street, and 26-32 &33-39 Brady Street, CROYDON. 1.77 Cheltenham Road, 40, CROYDON, Brackwood Court 1.80 Cheltenham Road, 79, CROYDON, Ascot Nursing Home 1.81 Cheltenham Road, 81, BURWOOD, ‘Wyrac’

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Schedule 9 continued

3.14 Church Street, 1, BURWOOD, ‘Athole’ 3.42 Claremont Road, 8, ENFIELD, Federation House 3.39 Claremont Road, 21, ENFIELD, Federation House & Garden 3.13 Clarence Street, 4, BURWOOD, ‘Lynton’ 3.12 Clarence Street, 6, BURWOOD, ‘Dobroyde’ 3.11 Clarence Street, 8, BURWOOD, ‘Cranbrook’ 3.49 Clifton Avenue, 10 & 12, BURWOOD, Victorian Villas 3.50 Clifton Avenue, 16, BURWOOD, Federation House 1.49 Comer Street, 17, BURWOOD, Teachers Residence - Christian Bros. High School 2.67 Conder Street, 1 & 3, BURWOOD, Burwood Public School 2.107 Conder Street, 25, BURWOOD, Victorian House 2.58 Conder Street, 31, BURWOOD, Workman’s Cottage 1.14 Cooper Street, 2, STRATHFIELD, Victorian House 1.11 Cooper Street, 9, STRATHFIELD, Federation House & Garden 1.13 Cooper Street, 18A, STRATHFIELD, 1950's House & Garden 3.68 Croydon Avenue, 4, CROYDON, Victorian Villa 3.70 Croydon Avenue, 25, CROYDON, Federation House 3.74 Croydon Avenue, 88, CROYDON PARK, ‘Kelso’ 3.79 Croydon Avenue, 116, CROYDON PARK, Rural Villa 1.99 Dawson Street, 34, CROYDON, Cottage & Garden 3.20 Ethel Street, 24, BURWOOD, Victorian Villa 1.72 Eurella Street, 2A, BURWOOD, Eurella House 1.58 Eurella Street, 31, BURWOOD, Victorian House 1.16 Everton Road, 16 & 18, STRATHFIELD, ‘Nevada’ & ‘Gleneyr’ 1.15 Everton Road, 27, STRATHFIELD, Whelan's Strathfield Hotel LEP 61 Fitzroy Street, 27-33, CROYDON, Concrete House Group LEP 61 Fitzroy Street, 34, CROYDON, Concrete House Group 3.47 Fitzroy Street, 48-54, BURWOOD, Victorian Cottages 3.17 Fitzroy Street Conservation Area, 77-91 & 76-90 Fitzroy Street, BURWOOD 1.112 Froggatt Crescent Conservation Area, 24-32 Froggatt Crescent, CROYDON () 1.113 Froggatt Crescent, 26, CROYDON, ‘Arlington’ 1.57 George Street East, 9 & 11, BURWOOD, Victorian Semi-detached Houses 1.119 George Street West, 51-67, BURWOOD, Lochiel Terrace 2.29 Georges River Road, 458, CROYDON PARK, Cottage 1.115 Gibbs Street, 16, CROYDON, Victorian House & Garden 1.33 Gladstone Street, 1 & 3, BURWOOD, Semi-detached Houses 1.21 Gladstone Street, 11, 17 & 19, BURWOOD, Federation Houses 1.37 Gordon Street, 4 & 6, BURWOOD, Victorian Houses 1.34 Gordon Street, 18 & 18a, BURWOOD, ‘Wellpark’ 1.28 Gordon Street, 23 & 25, BURWOOD, Semi-detached Houses 1.24 Gordon Street, 28, BURWOOD, Brick Cottage 3.76 Greenhills Street, 95, CROYDON PARK, Federation House 3.77 Greenhills Street, 97, CROYDON PARK, Federation House 3.78 Greenhills Street, 101, CROYDON PARK, ‘Elain’ 1.35 Ilfracombe Avenue Conservation Area, 1-11 & 2-10 Ilfracombe Avenue; 61-65 Park Road,

BURWOOD 1.107 Ivanhoe Road Conservation Area, 1-31 & 2-28 Ivanhoe Road; 26 & 28 Kenilworth Street,

CROYDON 2.26 Kembla Street, 42, CROYDON PARK, Federation House 1.98 Lang Street, 13, CROYDON, ‘Lurleah’ Cottage & Garden 1.102 Lang Street, 55, CROYDON, ‘Hollywood’ 1.103 Lang Street, 61A, CROYDON, ‘Rockleigh’ 2.33 Launcelot Street Conservation Area, 2-14 & 1-11 Launcelot Street, CROYDON PARK 2.52 Lindsay Street, 19, ENFIELD, Victorian House 2.49 Lindsay Street, 23-25, ENFIELD, ‘Pinaroo’ 3.66 Liverpool Road, 34, CROYDON, St. Joseph's Convent & Former Orphanage 3.67 Liverpool Road, 24, CROYDON, Western Suburbs District Hospital 2.106 Liverpool Road, 130, ENFIELD, St Joseph's Catholic Church 3.43 Liverpool Road, near corner Badminton Road, CROYDON, Milestone 2.78 Livingstone Street, 5, BURWOOD, ‘Orissa’ 2.82 Livingstone Street, 6 & 8, BURWOOD, Victorian Semi-detached Houses 2.81 Livingstone Street, 12B, BURWOOD, Fire Station 2.77 Livingstone Street, 13, BURWOOD, Ocean Liner Style House 1.69 Lucas Road, 65 & 76, BURWOOD, Villas 1.74 Lucas Road, 77, BURWOOD, ‘Passadena’

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Schedule 9 continued 1.79 Lucas Road, 122, BURWOOD, ‘Montrose’ & Grounds 1.83 Lucas Road, 130, BURWOOD, Bungalow 1.84 Lucas Road, 132, BURWOOD, Bungalow 1.82 Lucas Road Conservation Area, 47 Albert Crescent; 93-111 & 124-136 Lucas Road,

BURWOOD/CROYDON 1.118 Meta Street, 1, CROYDON, Shubra Hall (Presbyterian Ladies' College) 2.37 Mina Rosa Street, 13, ENFIELD, Bungalow 2.99 Minna Street, 8, BURWOOD, Inter-War House 2.98 Minna Street, 17, BURWOOD, Victorian Villa 2.35 Mitchell & Kembla Streets Conservation Area, 79-107 & 74-124 Mitchell Street; 1-21A & 2-8

Kembla Street, CROYDON PARK 1.2 Mosely Street, 20, STRATHFIELD, Federation House 1.4 Mosely Street, 22, STRATHFIELD, Arts & Crafts House 1.6 Mosely Street, 24-32, STRATHFIELD, 1930's Housing Group 1.1 Mosely & Roberts Streets Conservation Area, 3-9 Cooper Street; 3-39 & 6-36 Mosely Street; 11-

37 & 26-40 Roberts Street, STRATHFIELD 1.45 Neich Parade, 7, BURWOOD, Federation House 2.94 Nicholson Street, 12, BURWOOD, ‘Heathleigh’ 2.93 Nicholson Street, 15, BURWOOD, Victorian House 2.56 Nicholson Street, 25, BURWOOD, Federation House 2.11 Nicholson Street, 61, STRATHFIELD, ‘Tyrone’ 2.10 Nicholson Street, 77, STRATHFIELD, Federation House 2.62 Oxford Street, 26 & 28, BURWOOD, Semi-detached Victorian Cottages 2.57 Oxford Street, 41, BURWOOD, Corner Shop 2.60 Oxford Street, 34, 36 & 50, BURWOOD, Victorian Houses 2.65 Paisley Road, CROYDON, Sewer Vent LEP 61 Paisley Road, 28-30, CROYDON, Concrete House Group 1.41 Park Road, 45, corner Rowley Street, BURWOOD, Methodist Ladies' College 1.40 Park Road, 47, BURWOOD, Federation House 1.38 Park Road, 51 & 53, BURWOOD, Victorian Villas 1.23 Park Road, 89, BURWOOD, Victorian Villa 3.43 Parramatta Road, near corner Cheltenham Road, CROYDON, Milestone 1.47 Parramatta Road, 352 & 354, corner Burwood Road, BURWOOD, Site of Bath Arms Inn 1.120 Philip Street Conservation Area, 5-43 & 4-36 Philip Street, STRATHFIELD 1.10 Philip Street, 28 & 30, STRATHFIELD, Victorian Cottages 2.38 Portland Street, ENFIELD, Enfield Olympic Pool 1.106 Queen Street, 31, CROYDON, St Peter's Anglican Church 1.89 Queen Street, 84, CROYDON, ‘Esperanza’ 1.91 Queen Street, 95, CROYDON, Burwood Girls' High School 2.34 Queen Street, 2 & 4, CROYDON PARK, Semi-detached Federation Cottages 1.22 Railway Crescent, 47, BURWOOD, ‘Essex’ 2.71 Railway Parade, BURWOOD, Parcels Office 2.65 Railway Parade, BURWOOD, Sewer Vent 1.105 Richmond Street, 1-3, 7-9, 8-12, CROYDON, Housing Group 1.3 Roberts Street, 15 & 17, STRATHFIELD, Victorian Houses 1.5 Roberts Street, 29, STRATHFIELD Arts & Crafts House 1.7 Roberts Street, 30, STRATHFIELD, ‘Wilgunyah’ LEP 61 Rosa Street, 7-9, CROYDON, Concrete House Group LEP 61 Rosa Street, 10-16, CROYDON, Concrete House Group 1.95 Rostherne Avenue Conservation Area, 1-11 & 2-12 Rostherne Avenue, CROYDON 1.39 Rowley Street, 6, BURWOOD, Victorian House 2.105 Seale Street, 8, BURWOOD, Brick Cottage 1.65 Selborne Street, 11, 14, 17 & 21, BURWOOD, Federation Houses 1.70 Selborne Street, 12, BURWOOD, Victorian Villa 1.71 Selborne Street, 16, BURWOOD, ‘Orama’ 1.67 Selborne Street, 19, BURWOOD, Federation House 1.66 Selborne Street, 27, BURWOOD, Federation House & Garden 3.36 Seymour Street, 9 & 21, CROYDON PARK, Brick Cottages 1.62 Shaftesbury Road, 32, BURWOOD, ‘Fernleigh’ 3.10 Shaftesbury Road, 79-81, BURWOOD, Federation House 3.53 Shaftesbury Road, 90, BURWOOD, Tudor House & Remnant Landscape, 2.92 St Pauls Close Conservation Area, 1-8 St Pauls Close, BURWOOD () 2.61 Stanley Street, 25, BURWOOD, Former Corner Shop 2.58 Stanley Street, 11-17 & 40-44, Conder Street, 31, BURWOOD, Cottages

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Schedule 9 continued 3.44 Tahlee & Devonshire Streets Conservation Area, 28-50 & 29-53 Tahlee Street; 5-35 & 6-34

Devonshire Street; 27-41 Liverpool Road, CROYDON 2.25 Tangarra Street (corner Kembla Street), CROYDON PARK, Enfield Omnibus Depot 2.1 The Boulevarde, 62, STRATHFIELD, Uniting Church 2.3 The Boulevarde, 90, STRATHFIELD, Santa Sabina Convent & Grounds 2.17 The Boulevarde, 148, STRATHFIELD, Victorian House 2.43 The Parade, 15, ENFIELD, Victorian Villa 2.44 The Parade, 18, ENFIELD, Federation House 3.58 Wallace Street, 3 & 5, BURWOOD, Victorian Semi-detached Houses 3.60 Wallace Street, 8, BURWOOD, ‘Aberfoyle’ 3.59 Wallace Street, 15, BURWOOD, Victorian House 3.48 Wallace Street, 31-39, BURWOOD, Victorian Cottages 3.62 Wallace & Brady Streets Conservation Area, 1-31 & 2A-24 Brady Street; 1A-15 & 2-16 Clifton

Avenue; 35-69 & 38-70 Fitzroy Street; 36-50 Paisley Road; 1A & 2A Tahlee Street; 1-43 & 2-32 Wallace Street, BURWOOD/CROYDON

3.34 Waratah Street, 39,CROYDON PARK, Weatherboard Cottage 1.86 Webb Street, 10, CROYDON, Croydon House 1.88 Webb Street, 31 & 33, CROYDON, Victorian Semi-detached Dwellings 3.29 Weldon Street, 29, BURWOOD, The Bungalow 1.104 Wellington Street, 7-17, CROYDON, Winchelsea Terrace 1.18 Wentworth Road, 45, STRATHFIELD, Victorian Villa 1.20 Wentworth Road, 50 & 50A, BURWOOD, ‘Strathview’ & ‘Wentworth’ 2.64 Wentworth Road, 59, STRATHFIELD, ‘Chontai’ 2.16 Wentworth Road, 129A & 129C, STRATHFIELD, Shingle-Style Houses 1.59 Wilga Street, 3, BURWOOD, Victorian Terrace 2.19 Willee Street, 16 & 31, ENFIELD, Victorian Cottages 2.18 Wonga Street, 8B, ENFIELD, Federation House 2.86 Woodside Avenue, 6, BURWOOD, Bungalow & Garden 2.84 Woodside Avenue, 7, STRATHFIELD, ‘Luscombe’ 2.8 Woodside Avenue, 48, STRATHFIELD, Federation House 2.7 Woodside Avenue, 65, STRATHFIELD, Inter-War Years House 3.49 Wyalong Street, 12-16, BURWOOD, Victorian Villas 3.26 Wyatt Avenue, 14, BURWOOD, Federation House 3.27 Wyatt Avenue, 16, BURWOOD, Federation House 3.25 Wyatt Avenue, 24, BURWOOD, ‘Cleon’ 3.24 Wyatt Avenue, 26-32, BURWOOD, Semi-detached Cottages 1.96 Wychbury & Alexandra Avenues Conservation Area, 1-23 & 2-30 Wychbury Avenue; 1-5 & 2-16

Alexandra Avenue; 5 Acton Street, CROYDON 1.116 Young Street, CROYDON, Croydon Public School 1.117 Young Street, 34-36, CROYDON, ‘Glencourse’

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SCHEDULE 10

Exempt Developments Clause 24(4)

TYPE OF ACTIVITY EXEMPTION CIRCUMSTANCE/ REQUIREMENTS ADVISORY NOTE

COLUMN 1 COLUMN 2 COLUMN 3

Access Ramps for the Disabled (a) Maximum height 1m above the natural ground level

(b) Maximum grade 1:14 and otherwise complies with AS1428.1

(c) Complies with the Building Code of Australia

(d) Materials used and location of the ramps blend architecturally with the existing or proposed buildings

(e) Does not extend over or encroach onto public land

(f) Not on heritage items or within the following Heritage Conservation Areas: Appian Way, Burwood Road, Froggatt Avenue, Ilfracombe Avenue, Launcelot Street, Malvern Hill and Rostherne Avenue.

Advertising structures used for display of the following matters:

General requirements applicable to all types of advertising structures (In addition to the particular requirements listed below for particular advertising structures) (a) the erection of the

advertising structure complies with all the requirements of the Building Code of Australia, including section B1 (“Structural Provisions”);

(b) structure does not cover mechanical ventilation inlet or outlet vents; and

(c) any advertising structures over public road are at least 600mm from kerb/roadway edge; and

(d) moving Flashing or Running Signs are not exempt development under any circumstances.

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1. Business identification signs in residential areas.

(a) One advertising structure per premises

(b) Area of structure does not exceed 0.3m²

(c) Information displayed on structure includes a reference to the identification or description of the place or premises, or the occupation or activities carried out, or the goods or services provided at the place or premises

(d) The erection or display of an illuminated sign is not exempt development if it is carried out on land in a residential area, unless the structure is a standard “gate light box” or “cube” sign and is used to identify health care professionals

2. Real Estate signs in residential areas.

(a) One sign per premises (b) Not exceeding 2.5m² in

area (c) Displayed for no more than

40 days

3. Real Estate signs (Advertising premises/land for sale or rent) in specified commercial and industrial areas.

(a) One sign per premises (b) Signs not exceeding 3.5m²

in area (c) Displayed for no more than

40 days

4. Existing under awning signs Involves only the replacement of advertising panels on an existing sign

5. Non Illuminated Signs Behind Glass Frontage of Shops

Does not cover more than 15% of the Window Area

6. Temporary Signs (a) Information displayed involves announcing a local event of religious, educational, cultural, political, social or of a recreational nature

(b) Does not contain commercial advertising except event’s sponsor/s

(c) Signs only to be displayed for 28 days prior to, and 7 days, after the event

7. Top Hamper Sign (non-illuminated)

(a) Does not extend more than 200mm beyond building alignment

(b) Does not extend below or beyond sides of door hamper, and limited to 600mm above top door frame to which it is attached

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Air-conditioning units (other than ducted units)

Only for dwellings, single storey shops and second storey shop/residences or commercial offices located a minimum of 900mm off any property boundary and mounted at side or rear of building ONLY Building work does not reduce the structural integrity of the building. Any opening created is adequately weatherproofed Noise levels not to exceed 5 dB(A) above ambient (background) noise levels

Aerials/Antennae Domestic only Maximum height 3m above roof ridge

Awnings, canopies and storm blinds to windows on dwellings

Maximum area 10m² Located wholly within property boundaries

Barbeques Maximum area 2m2 Maximum height 2.0m Located in rear yard ONLY Minimum 900 mm setback from side and rear boundaries

Bird Aviaries, Green Houses and similar structures

Maximum area 10m2 Maximum height 2.1m Minimum 600mm setback to side or rear boundary in Rear Yard Floors are concreted and suitably drained. Roof cladding are securely fixed to roof beams or rafters. Supporting posts are securely fixed to concrete footings or slabs.

Cabanas/Gazebos (Open) Maximum area 10m2 Maximum height 2.4m Located in rear yard Minimum 600mm setback to side or rear boundary Not roofed

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Change of use – Business A different use of a building resulting from a change of its use: (a) from one type of shop to

another type of shop, or (b) from a shop to commercial

premises, or (c) from commercial premises to

a shop, or (d) from on type of commercial

premises to another type of commercial premises.

Council is provided with written advice within 7 days of the new use Floor area does not exceed 200m2 Proposed new use is consistent with the classification of the building under the Building Code of Australia and replaces a former use being carried out in accordance with a development consent (if necessary) The new use complies with the conditions of any previous Council consent relating to the use of the building The proposed new use does not include any of the following: (a) Drive-in take-away food

places; (b) Funeral parlour; (c) Adult book/novelty shop

which sells restricted publications or displays material concerned with sexual behaviour within the meaning of the Classification (Publications, Films and Computer Games Enforcement Act 1995;

(d) A food shop or a shop which involves the preparation of food for sale or consumption; or

(e) A Brothel No additional commercial or retail floor space is proposed; The hours of operation do not extend outside the hours for which the previous use operated

Cubby Houses and Playground Equipment

Maximum height 2.1m above ground level Maximum area 10m2 Located in rear Yard Roof cladding is securely fixed to roof beams or rafters. Supporting posts are securely fixed to concrete footings or slabs.

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Demolition Not involve demolition of a Heritage Building Council has consented to demolition as part of condition of subdivision / development or Construction Certificate approval, or an order made by Council. For outbuildings less than 20m2

in area. Demolition is carried out wholly within a site Demolition is carried out to Australian Standard AS2601-1991 Demolition Code. All works involving asbestos cement complies with the Worksafe Code of Practice for Removal of Asbestos. All work involving lead paint removal does not cause lead contamination of air or ground.

Fences General Special Provisions 1. Boundary fences (behind

building line) 2. Front Fences (forward of

building line)

Not on or around a heritage building Non-Masonry: Maximum height 1.8m Masonry: Maximum height 1.0m (non cumulative) Uses new materials Maximum height 1m Uses new materials

Garden Sheds: Pre-fabricated colour bond

Maximum floor area 10m2 Maximum height 2.1m Made of non-reflective materials 600mm setback to side or rear boundary Located in rear yard Suitable provision to be made for roofwater disposal Roof cladding is securely fixed to roof beams or rafters. Supporting posts are securely fixed to concrete footings or slabs.

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Garden Trellis Maximum height 1.8m Maximum area 9m² 450mm minimum setback from boundaries.

Letterboxes Provided for a dwelling

Lighting (external) Support Structures

Does not create a nuisance to neighbours by light spill Not for the lighting of tennis courts, sport fields, or public swimming pools.

Minor internal alterations to domestic single dwellings.

Not in relation to a heritage building. Non-structural work only such as: replacement of doors; wall,

ceiling or floor linings; or deteriorated frame members with equivalent or improved quality materials

renovations of bathrooms, kitchens, inclusion of built-in fixtures such as vanities, cupboards and wardrobes

The alteration does not affect the structural strength and stability of the building. Involves only alterations or renovations to previously completed buildings. Work does not include changes to the configuration of rooms whether by removal of existing walls, partitions or by other means. Work does not cause reduced window arrangements for light and ventilation needs, nor reduced height in doorways for egress purposes, or involve enclosure of open areas. All work involving asbestos cement complies with the Worksafe Code of Practice for Removal of Asbestos All work involving lead paint removal does not cause lead contamination of air or ground

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Commercial/business/retail premises under 200m2 in floor area

No increase in floor area. Involves replacing existing materials internal or external with the same/similar materials. Involves only non structural work such as shelving, displays, benches and partitions that do not provide structural support to any part of the building. Work does not compromise fire safety or affect accessibility to fire exit. Work does not include changes to the configuration of rooms whether by removal of walls or other means of structural support. Work does not increase travel distance to an exit. Work complies with the Building Code of Australia. Premises are not heritage items or within The Strand, Croydon and are not used for preparation of food.

Park and street furniture, seats, bins, picnic tables, minor shelters, replacement of bus shelters.

Constructed by or for Council and designed, fabricated and installed in accordance with relevant SAA standards and/or Building Code of Australia. Located on land under control of Council

Pergola (Open) Maximum area 20m2. Maximum height 2.4m. Maintain existing side boundary setbacks of 900mm. Located in rear yard ONLY. Not roofed or enclosed.

Playground equipment on land classified as community land. (i.e. Parks, Public open space etc. under the care and control of Council)

Constructed by or for Council and designed, fabricated and installed in accordance with AS1924, AS2155 and DR94007 - DR94010

Rear Decks Maximum area 10m² and does not exceed 1m in height above natural ground level.

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Re-cladding of roofs or walls of existing building,but not including brick veneering.

Does not involve structural alterations. All work involving asbestos cement complies with the Worksafe Code of Practice for Removal of Asbestos. Any work involving lead paint removal does not cause lead contamination of air or ground

Retaining walls for minor landscaping works or limited yard level variations.

Maximum Height 300mm. A retaining wall must be designed and constructed with an effective drainage system to prevent backfill becoming saturated causing a build up of water pressure behind the wall. Such works do not affect the overland flow of surface drainage run-off

Satellite Dishes For domestic use only. Maximum diameter 600mm.

Shop Fitouts May include minor appliances & Machinery, Shelving etc, but does not include food preparation equipment. Does not include minor partitioning (non structural) to a maximum of 1.8 m high, such as fitting rooms, storage areas, etc. May include serving counters. May include suspended “drop-in” ceilings, but not in a food preparation area. Any food shops to comply with National Code for the Construction and Fitout of Food Premises, available from Council.

Skylights/skydomes Maximum area 1m². One installation per roof area.

Solar water heaters Installed to manufacturer’s specifications and requirements. Installed by a licensed person. The building work does not reduce the structural integrity of the building or involve structural alterations. Any opening created by the installation is adequately weatherproofed.

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Subdivision Boundary adjustment that does not result in the creation of any additional allotments

The area of each allotment is not changed by more than 5%. No water, sewerage or stormwater connection to the property requires relocation as a result of the subdivision. Will not result in any building contravening the deemed to satisfy provisions of the Building Code of Australia. For one of the following purposes: 1. to rectify an encroachment

upon an allotment 2. to consolidate an allotment 3. to create a reserve

Temporary Buildings Builders sheds, Portaloos and the like

Removal must occur upon completion of construction. Located within the property boundaries. Not to be used for habitation.

Water Heaters (excluding solar systems)

Replacement or new installations. The work does not reduce the structural integrity of the building or involve structural alterations. Installation is carried out by a licensed person.

Water Tanks at ground level Maximum capacity 1000 litres. Tank is located at rear of dwelling situated on ground. Mosquito proof strainer and outlet is provided. Overflow is connected to stormwater disposal system. Installation to manufacturer’s instructions. Tanks are not below ground or on land that requires excavation. Tank has a pre-painted finish of either medium or dark green or brown colour

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Windows, glazed areas and external doors

Replacement in residential premises with materials that comply with: (a) AS 1288 Glass in Buildings

–Selection and Installation; and

(b) AS 2208 Safety Glazing Materials For Use in Buildings (Human Impact Considerations).

No reduction in the area provided for light and ventilation structural support members are not removed. Not on a heritage building or within any of the following Heritage Conservation Areas: Appian Way, Burwood Road, Froggatt Avenue, Ilfracombe Avenue, Launcelot Street, Malvern Hill and Rostherne Avenue.

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SCHEDULE 11

Complying Developments Clause 24(6)

TYPE OF ACTIVITY COMPLYING DEVELOPMENT CRITERIA

Alterations and additions to Single Storey Dwellings

Not on a Heritage Item or within the following Heritage Conservation Areas: Appian Way, Burwood Road, Froggatt Avenue, Ilfracombe Avenue, Launcelot Street, Malvern Hill and Rostherne Avenue.

Addition at the rear of the existing dwelling Side setback to be a minimum of 900mm from the

respective side boundary Rear boundary setback a minimum of 3m Floor level of the structure is sited a minimum of 150mm

above existing ground level but not more than 500mm above existing ground level

The floor to ceiling height of the addition does not exceed 2.7m

All work complies with the Building Code of Australia External materials are of similar type and colour as the

existing building and are architecturally compatible with the existing building

Stormwater drainage is discharged to Council’s street gutter via the existing drainage system

Total area of additions/alterations does not exceed 30m2 Privacy Windows in a habitable room that allow an outlook to a

window to a habitable room in an adjoining dwelling and are within 9 metres of that dwelling:

are offset from the edge of one window to the edge of the other window by a distance of at least 0.5 metres, or

have a sill height of at least 1.7 metres above the floor; or have fixed obscure glazing in any part of the window

below 1.7 metres above the floor. Bed and Breakfast Establishments Located in a dwelling house

The dwelling is permanently occupied by resident/s No more than 2 guest rooms and 4 adult guests at any

one time A minimum of 2 bathrooms No more than one external sign of maximum 0.3m2 in

area is displayed within the property boundary Any food preparation area complies with the Food Act

1989, the Food (General Regulation) 1997, and the Australian Institute of Health Surveyor’s National Food Premises Code.

A fire extinguisher and fire blanket are provided in the kitchen

A smoke detection system that complies with AS 3786-1993 – Smoke Alarms and AS 3000 – 1991 – Electrical Installations for Buildings, Structures and Premises (the SAA wiring rules) is in the dwelling. A smoke detector system connected to a permanent 240V electricity supply with battery operated back-up device is provided in all bedrooms and hallways

No key-release dead locks are installed on guest bedrooms and exit doors

No bars or other restrictions to egress are installed in guest room windows

One off-street car parking space is provided for the permanent resident and one space is provided for each guest room.

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Carports Not in the following Heritage Conservation Areas: Appian Way, Burwood Road, Froggatt Avenue, Ilfracombe Avenue, Launcelot Street, Malvern Hill and Rostherne Avenue.

Located behind the building line Maximum area of 20m2 Not enclosed wholly or in part Maximum height of 2.4m above existing ground level Stormwater drainage discharges to Council’s street gutter Position and construction complies with the BCA Housing

provisions Non-reflective materials are used Not used for habitable, commercial or industrial purposes Materials and finish are compatible with existing building

Garages Not in the following Heritage Conservation Areas: Appian Way, Burwood Road, Froggatt Avenue, Ilfracombe Avenue, Launcelot Street, Malvern Hill and Rostherne Avenue

Located at the rear of the existing building A maximum area of 30m2 If detached, at least 1m from the rear of the dwelling A maximum of 2.4m from existing ground level to top

plate height Maximum height 3.6m to ridge for pitched roof Setback 900mm from side or rear boundary External face of brickwork has a fair face finish and is

cleaned down on completion Stormwater drainage discharges to Council’s street gutter Not used for habitation or for commercial or industrial

purposes Materials and finish are compatible with existing building Windows that allow an outlook to a window to a habitable

room in an adjoining dwelling and are within 9 metres of that dwelling: are offset from the edge of one window to the edge

of the other window by a distance of at least 0.5 metres,

or have a sill height of at least 1.7 metres above the

floor; or have fixed obscure glazing in any part of the window

below 1.7 metres above the floor. Gazebo, Cabana Not in the following Heritage Conservation Areas: Appian

Way, Burwood Road, Froggatt Avenue, Ilfracombe Avenue, Launcelot Street, Malvern Hill and Rostherne Avenue.

Located in rear yard Maximum area 10m2 Roof cladding must be securely fastened to roof frame Supporting frame is securely fixed to concrete footings Maximum height 2.4m Setback 900mm from side or rear boundary.

Patios, Awnings, Canopies Not in the following Heritage Conservation Areas: Appian Way, Burwood Road, Froggatt Avenue, Ilfracombe Avenue, Launcelot Street, Malvern Hill and Rostherne Avenue

Located at rear of building Maximum area 25m2 Maximum height 2.4m Side or rear boundary setback a minimum of 900mm Not enclosed wholly or in part Stormwater discharges to Council’s street gutter Securely fixed against wind uplift forces, roof cladding is

secured to rafters, supporting posts are secured to concrete footings

Installed in accordance with manufacturer’s specifications where applicable

Constructed of non-reflective material

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Swimming Pools (domestic only) Maximum height of pool coping and decking is no more than 300mm at any point above natural ground level

Located behind the building line Edge of pool set back no less than 1m from side and rear

boundaries Proposed development does not necessitate the removal

of a tree and is not within 2m from the trunk of an existing tree

Fencing must comply with the Swimming Pools Act 1992 and Swimming Pools Regulation 1998 and AS 1926.2/1995 – Swimming Pool Safety – Location of fencing for private swimming pools)

Filtration or pumps do not exceed a noise level of 5 dB(A) above the ambient background level measured at the property boundary

Not used for commercial purposes The installation and construction of the pool complies,

where relevant, with: AS/NZS 1838:1994 – Swimming Pools –

Premoulded fibre-reinforced plastics – design and fabrication, and AS/NZS 1839:1994 – Swimming Pools – Premoulded fibre-reinforced plastics – installations, or

AS 2783:1992 – Use of reinforced concrete for small swimming pools.

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SCHEDULE 12

Classification and Reclassification of Public Land (Clause 88) LEP 69 – Gazetted 10.11.06

Part 1 Classified, or reclassified, as operational land – no interests changed

Column 1 Column 2

Locality Description

Part 2 Classified, or reclassified, as operational land – interests changed Column 1 Column 2 Column 3

Locality Description Any trusts etc not discharged

Strathfield 24 Everton Road Part of Lot 18, Section 2, DP

978482, as shown edged heavy red on the map marked “Burwood Local Environmental Plan No 69” deposited in the office of the Council.

Easement for transmission line as referred to in Deed of Conveyance Book 2348 No 121.

26 Everton Road Lot 181, DP 998619, as shown edged heavy red on the map marked “Burwood Local Environmental Plan No 69” deposited in the office of the Council.

Easement for overhanging eaves and guttering, and easement for transmission line, as noted on Certificate of Title Folio Identifier 181/998619.

Part 3 Classified, or reclassified, as community land – interests changed Column 1 Column 2

Locality Description File Ref: S:\Policies - Corporate Guidelines - Corporate Procedures\Burwood Planning Scheme Ordinance\Planning Scheme Ordinance_updated 20.08.10.doc

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Burwood Planning Scheme · PDF fileBURWOOD PLANNING SCHEME ... place used as an office or for other business or commercial ... the building under the Factories, Shops and Industries